IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17145 of 2008 ANIRUDH RAI SON OF LATE BALDEO RAI, RESIDENT OF VILLAGE- DIHU TOLA, P.O. GULBARA MADHUBAN, P.S. MADHUBAN, DISTRICT- EAST CHAMPARAN. … PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY, GOVERNMENT OF BIHAR, PATNA. 2. PRINCIPAL SECRETARY, URBAN DEVELOPMENT AND HOUSING DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 3. DIRECTOR, PANCHAYATI RAJ, BIHAR, PATNA. 4. DISTRICT MAGISTRATE, EAST CHAMPARAN AT MOTIHARI. 5. DEPUTY DEVELOPMENT COMMISSIONER, EAST CHAMPARAN AT MOTIHARI. 6. DISTRICT PANCHAYAT RAJ OFFICER, EAST CHAMPARAN AT MOTIHARI. 7. SUB-DIVISIONAL OFFICER, PAKRI DAYAL DISTRICT- EAST CHAMPARAN. 8. BLOCK DEVELOPMENT OFFICER, MADHUBAN, DISTRICT- EAST CHAMPRARAN. … RESPONDENTS. For the Petitioner : M/s. Y.V. Giri (Sr. Advocate) and Raju Giri, Advocate. For the Respondent: Mr. Ritesh Kumar, Advocate. ----------- 7. 10.12.2010. Heard learned counsel for the petitioner and the State. 2. Petitioner is the resident of Madhuban Gram Panchayat. He is aggrieved by the notification of the State Government dated 24.9.2008, Annexure-14, converting Madhuban Gram Panchayat into a Nagar Panchayat within the meaning of the Bihar Municipal Act, 2007. It is submitted on behalf of the petitioner that aforesaid notification was published without 2 complying the formalities as provided in Sections 4, 5, & 6 of the Bihar Municipal Act, 2007 and Section-11 of the Gram Panchayat Act in as much as the objections of the residents of the area was not considered and consultation with the Mukhiya of the Gram Panchayat was not made. In this connection, it is pointed out that objection from the residents of the area was to be received by 5.10.2008 but prior thereto the State Cabinet decided to convert Madhuban Gram Panchayat into a Nagar Panchayat on 29.7.2008 itself. In view of the decision of the State Cabinet the objection which was to be received by 5.10.2008 and the consultation which was fixed with the Mukhiya of the Gram Panchayat on 29.9.2008 was never considered and made and the impugned notification dated 24.9.2008, Annexure-14 converting the Gram Panchayat into a Nagar Panchayat was published. 3. By filing counter affidavit the State- respondents have not disputed the aforesaid contention of the petitioner which was also noted in the interim order dated 27.3.2009 passed in the instant case. In the circumstances, I have no option but to hold that Madhuban Nagar 3 Panchayat was created under the impugned notification violating the aforesaid provisions of the Municipal & Gram Panchayat Act and to quash the notification of the State Government dated 24.9.2008, Annexure-14 declaring the Madhuban Gram Panchayat into Nagar Panchayat which is, accordingly, quashed with liberty to the State-respondents to proceed in accordance with law in the matter of declaration of the Madhuban Gram Panchayat into a Nagar Panchayat. Ibrar/- (V.N. Sinha,J.)