IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4319 of 2006 Nagar Parishad Jehanabad through its Chairman Surendra Prasad Sharma, son of Late Kamleshwar Singh, resident of village/ Mohalla- Professor Colony, P.S.- Jehanabad, District Jehanabad …. Petitioner Versus 1. The State Of Bihar through the Secretary, Department of Urban Development, Govt. of Bihar, Patna 2. The District Magistrate cum Collector Jehanabad 3. The Zila Parishad, Jehanabad through its Chief Executive Officer cum Deputy Development Commissioner, Jehanabad Respondents with CWJC No.11681 of 2007 Zila Parishad,Jehanabad through its Chairman Setendra Yadav, son of Suraj Dev Singh Yadav, resident of village Lakhawar, P.O. Lakhawar, P.S. Ghosi, District Jehanabad ….. Petitioner Versus 1. The State Of Bihar 2. District Officer cum Collector, Jehanabad 3. The Commissioner and Secretary, Urban Development Department, Government of Bihar, Patna 4. Director, Panchayati Raj-cum- Secretary, Panchayati Raj Nideshalay, Bihar, Patna 5. Nagar Parishad, Jehanabad, through its Chairman … Respondents ----------- For the Petitioner (in C.W.J.C. No.11681/2007) :Mr. Nikesh Kumar, Advocate For the petitioner(in CWJC No. 4319/2006):Mr. Sunil Kumar, Advocate For the State: M/s. Subhash Prasad Singh, G.A.-7 & S.C.-14 03/ 10.03.2011 Heard learned counsel for the parties. 2. C.W.J.C. No. 4319 of 2006 has been filed by the Nagar Parishad, Jehanabad praying, inter alia, to direct the District Magistrate, Jehanabad to ensure compliance of the order dated 30.4.2005, Annexure-4 in C.W.J.C. No. 4319 of 2006 and Annexure-2 in C.W.J.C. No. 11681 of 2007, passed by the Commissioner and Secretary of the 2 Urban Development Department in compliance of the orders of the High Court dated 22.3.2005, passed in C.W.J.C. No. 13232 of 2004, whereunder this Court directed the Secretary, Urban Development Department to adjudicate as to whether settlement of the Bus-stand, Jehanabad shall be made by the Nagar Parishad, Jehanabad or Zila Parishad, Jehanabad. In compliance of the said order, learned Secretary, Urban Development Department passed order dated 30.4.2004, Annexure-4 in C.W.J.C. No. 4319 of 2006 and Annexure-2 in C.W.J.C. No. 11681 of 2007 holding that the Nagar Parishad, Jehanabad is entitled to settle the Bus-stand, Jehanabad in the light of the Seventy-fourth amendment and Twelfth Schedule of the Constitution and the provisions of the Municipal Act. In spite of passage of more than five years of the passing of the order dated 30.4.2004, , Annexure-4 in C.W.J.C. No. 4319 of 2006 and Annexure-2 in C.W.J.C. No. 11681 of 2007, the same has not been complied with, reason being Zila Parishad, Jehanabad has chosen to challenge the said order by filing the connected writ petition, bearing C.W.J.C. No. 11681 of 2007 on the ground that decision of the Urban Secretary dated 3 30.4.2004, , Annexure-4 in C.W.J.C. No. 4319 of 2006 and Annexure-2 in C.W.J.C. No. 11681 of 2007 is contrary to the decision of the Chief Secretary taken in connection with the matter arising out of Kishanganj Municipality. Order of the Chief Secretary has not been placed on record. In the circumstances, I am not able to see as to why the Chief Secretary has taken a different view than the view taken by the Urban Secretary in the light of the Constitutional provisions. From the averments made in C.W.J.C. No. 11681 of 2007, it appears that Zila Parishad, Jehanabad is assailing the order dated 30.4.2004 on the ground that the land over which Jehanabad Bus- stand is established has been transferred by the Jehanabad District Administration to Zila Parishad, Jehanabad in exchange for its Dakbungalow which is occupied by the District Administration as Circuit House. The story of exchange propounded in the writ petition has been considered by the Secretary, Urban Development Department and he has categorically found that exchange has not been approved by the State Government, as such, cannot be acted upon. 3. Counsel for the petitioner in C.W.J.C. No. 4 4319 of 2006 has also invited my attention to the resolution of the Government dated 7.7.2006 annexed as Annexure-10 to the supplementary affidavit filed today, whereunder the State Government has resolved in the light of the Seventy-fourth Amendment of the Constitution to allow ownership of the Bus-stand to rest with the Revenue and Land Reforms Department of the State Government, but the right to settle the Bus-stand and earn revenue is transferred to the Urban Local Body in whose area the land is situate. In the light of the subsequent resolution of the Government dated 7.7.2006 as also the fact that exchange of Dakbungalow with the land over which Bus- stand has been established not having been approved by the State Government, I do not find any illegality in the order dated 30.4.2005, Annexure-2 in C.W.J.C. No. 11681 of 2007 passed by the Urban Secretary and the writ petition, bearing C.W.J.C. No. 11681 of 2007 preferred by the Zila Parishad, Jehanabad is dismissed with direction to the State counsel to report compliance of the order passed by the Urban Secretary dated 30.4.2005, Annexure-4 in C.W.J.C. No. 4319 of 2006 by Monday next (14.3.2011), failing which the Chief Secretary, Bihar shall appear in 5 this Court on 14.3.2011. 4. Put up C.W.J.C. No. 4319 of 2006 on 14.3.2011 maintaining its position in the same list. Arjun/ ( V. N. Sinha, J.)