IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3927 of 2006 BINIT KUMAR SINGH, SON OF SRI NAND KISHOR SINGH, RESIDENT OF VILLAGE- KENDUI, P.S.- MAGADH MEDICAL COLLEGE, DISTRICT- GAYA :-- PETITIONER. Versus 1. THE STATE OF BIHAR 2. THE STATE ELECTION COMMISSIONER, BIHAR, PATNA. 3. THE SECTORY-CUM-COMMISSIONER, URBAN DEVELOPMENT DEPARTMENT, PATNA, BIHAR. 4. THE DIRECTOR, PANCHAYAT RAJ, PATNA, BIHAR. 5. THE COMMISSIONER, MAGADH DIVISION, GAYA., 6. THE ELECTION OFFICER-CUM-THE DISTRICT MAGISTRATE, GAYA. 7. THE DISTRICT PANCHAYAT RAJ OFFICER, GAYA., 8. THE CHAIRMAN, MUNICIPAL CORPORATION, GAYA :-- RESPONDENTS. ----------- For the petitioner : Mr. Ashwani Kumar Singh, Senior Advocate. For the State : Mr. Krishna Kumar, J.C. to G.P.-16. For the Election Commission : Mr. K.B.Nath, Advocate. ==== 3. 25.02.2011. Heard learned counsel for the petitioner, State and the counsel for the State Election Commission. 2. Petitioner is aggrieved by the notification dated 26.10.2005 published in Gaya District Gazette, Part No. 195 dated 03.11.2005, Annexure- 2, whereunder Kendua Gram Panchayat has been bifurcated into Khirianwan Gram Panchayat comprising of village(s) Khirianwan and Bajitpur. It is submitted on behalf of the petitioner that before bifurcating Kendua Gram Panchayat comprising of village(s) Kendua, Kendui, Gopibigha, Bajitpur and Khirianwan the authorities ought to have taken steps, as is required under the various provisions - 2 - of the Gram Panchayat Act, 1993 but without complying with the statutory formalities impugned notification dated 26.10.2005 has been published in the district gazette dated 03.11.2005. It is also submitted that while bifurcating Kendua Gram Panchayat into Kendua and Khirianwan Gram Panchayat the authorities included village Kendui within Gaya Municipal Corporation but the notification including village Kendui within Gaya Municipal Corporation is not being made available to the petitioner inspite of best effort made by him. 3. As the petitioner has not been able to place on record the notification including village- Kendui within Gaya Municipal Corporation, it is difficult for this Court to conclude that the said village has been included within the limits of the Gaya Municipal Corporation. This writ petition is, however, disposed of directing the authorities of the State in the Panchayati Raj Department as also in the Urban Development Department to consider amongst themselves the status of village- Kendui whether the same is part of Gaya Municipal Corporation or Kendua Gram Panchayat. In this connection petitioner is directed to file representation before the Secretary of the - 3 - Panchayati Raj and Urban Development Department of the State Government so as to enable the two Secretaries to examine the submissions noted above and pass appropriate orders indicating the status of Village- Kendui in the light of the provisions of the Panchayati Raj Act as also the Municipal Act. Kendui village be included within the limit of Gaya Municipal Corporation, provided the same fulfill the criteria for being included in the Municipal Corporation. Necessary orders in compliance of my order be passed as early as possible, in any case within a period of two months from the date of receipt of the representation from the petitioner annexing the order of this Court. P.K.P. (V.N.Sinha,J.)