IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.1990 of 2010 1.The State of Bihar 2.The Principal Secretary, Urban Development and Housing Department, Government of Bihar, Patna 3. The Special Secretary, Urban Development and Housing Department, Government of Bihar, Patna 4. The Divisional Commissioner, Magadh Division, Gaya (Bihar) 5. The District Magistrate, Aurangabad (Bihar) …..Appellants Versus Somaru Paswan son of late Manki Paswan, resident of Village-Padarwa, P.S. Jamhore, District Aurangabad (Bihar) ……..Respondent 3 14.2.2011 Heard Mr. Gautam Bose, learned A.A.G.8 for the appellant, and Mr. Anil Kumar Singh for the respondent. The State of Bihar has preferred this appeal under clause 10 of the Letters Patent of the High Court of Judicature at Patna, and is aggrieved by the order dated 30.10.2009, passed by a learned Single Judge of this Court in C.W.J.C. No. 7369 of 2009, where by the government notification dated 12.6.2009, issued by the Government of Bihar in the Urban Development and Housing Department, whereby ten villages of Jamhore Nagar Panchayat is being sought to be declared as Nagar Panchayat. We have perused the materials on record and considered the submissions of learned counsel for the - 2 - parties. The District Magistrate cum Collector of the district of Aurangabad submitted a proposal to the State Government to constitute Jamhore Nagar Panchayat comprising of ten villages including Jamhore. The State Government provisionally accepted the proposal in exercise of the powers conferred by section 3 read with section 4 of the Bihar Municipal Act, 2007. The operative portion of the aforesaid notification dated 12.6.2009 reads as follows: “Objections/suggestions received through the concerned District Magistrate/Divisional Commissioner, during the Draft publication will be considered under section 5 of the said Act”. This portion of the notification is followed by a draft order. In other words, the proposal of the District Magistrate is at an early stage of consideration of the State Government, objections have been invited to the same for consideration of the diverse issues relevant in the present context including those mandated by the Bihar Municipal Act, 2007. In other words, the State Government has invited objections on the receipt of which, and on consideration of which, a final decision will be taken. We are, therefore, of - 3 - KHAN the view that the writ petition is premature and does not call for any interference. We must reiterate the observations made by the learned Single Judge which we deem to be a relevant aspect of the matter, namely, by transferring the ten villages from Panchayat area to Nagar Panchayat within the meaning of Bihar Municipal Act, the residents of those villages may be deprived of many benefits like NAREGA, Indira Aawas Yojana etc. It is a relevant consideration and may be taken into account by the State Government, apart from various other aspects of the matter, before the State Government takes a final decision in the matter. The State Government shall proceed from the stage of the notification dated 12.6.2009, issued by the Government of Bihar in the Urban Development and Housing Department. In the result, we do not agree with the order of the learned Single Judge and is hereby set aside. This appeal is accordingly allowed. There is no order as to costs. (S.K.Katriar,J) (S.P.Singh,J) - 4 -