IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2853 of 2009 1.THE BALIA LAKHMINIA NO.1 GRAM PANCHAYAT, THROUGH ITS Mukhiya Gausia Sultan, Mirdah Toli, Choti, P.O.Lakhminia, P.S.Balia, Distt-Begusarai 2.Gausia Sultan, wife of Samsud Joha, Mukhiya, Gram Panchayat, Balia Lakhminia No.1, Mirdah Toli Choti Balia, P.S.Bali, Distt-Begusarai — 3.The Balia Lakhminia No.2 Gram Panchayat, through its Mukhiya Janki Devi, Maulana Chak, Choti Balia, Distt- Begusarai 4.Janki Devi, wife of Krishna Choudhary, Mukhiya, Gram Pancayat Balia Lakhminia No.2, Maulana Chak, Choti Balia, P.S.Balia- Distt-Begusarai 5.The Balia Lakhminia No.3 Gram Panchayat, through its Mukhiya Jinat, Choti Balia, P.O.Lakhminia,Distt-Begusarai 6.Jinat wife of Md. Abdulaah, Mukhiya Gram Pancayat Balia Lakhminia No.3, Choti Balia, Lakhminia , P.S.Balia- Distt-Begusarai 7.The Balia Lakhminia No.4,Gram Pancayat through its Mukhiya, Mahrukh, R/O of village and P.O.Lakhiminia, P.S.Balia, Distt-Begusarai 8.Mahruk wife of Choudahry Izharul Haque, Mukhiaya, Gram Pancayat Balia Lakhminia No.4, Village and P.O. Lakhminia, P.S.Balia- Distt-Begusarai. Petitioners. Versus 1.THE STATE OF BIHAR 2.Principal Secretary, Urban Development Department, Govt. of Bihar, Patna 3.The Deputy Secretary-cum-Director,, Urban Development Department, Govt. of Bihar, Patna 4.The District Magistrate, Begusarai 5.Additional Collector, Revenue, Begusarai 6.Sub Divisional Officer, Balia Sub Division, Balia, Begusarai 7.The Circle Officer- cum- Block Development Officer, Balia Cirlce/Balia Block, Balia, Begusarai 8.Sri Bhola Singh, son of late Ram Pratap Singh, MLA from Begusarai Assembly Constituency and presently Urban Development Minister, Govt. of Bihar, Patna.— Respondents. For the petitioners : Mr. Ashutosh Ranjan Pandey For the respondents : Mr. Satyabir Bharti, AC to AAG III ----------- 2. 03.3.2009. As of now, the defect as pointed out by the Stamp Report is ignored. In this writ application, prayer of the petitioner is to quash the decision, whereby Balia Lakhminiya Gram Panachayat Nos.1,2,3 and 4 have 2 been made a Nagar Panchayat. Mr. Ashutosh Ranjan Pandey appears for the petitioners. State is represented by AAG-III. It is not the case of the petitioner that the decision suffers from any procedural irregularity but his contention is that the area in question is not fit to be declared as a Nagar Panchayat. We are of the opinion that the decision of the State Government may be wise or unwise, but this issue is not fit to be considered in exercise of the power of judicial review. As the Nagar Panchayat has been constituted following the procedure prescribed under law, its constitution is not fit to be interfered by this Court in exercise of its writ jurisdiction. We do not find any merit in the application and it is dismissed in limine. ahk (C. K. Prasad,ACJ) (Dharnidhar Jha)