IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1037 of 2010 1. Vijay Kumar Choudhary s/o Sahu Choudhary, R/M – Karman Tola Arrah, P.O. + P.S. – Nawada Arrah, District – Arrah 2. Neelam Devi w/o Prem Prakash Singh, R/M Mahatma Gandhi Nagar, Arrah, P.O.+ Nawada Arrah, District – Arrah 3. Prem Shankar Singh s/o late Jagarnath Singh, R/M- Begumpur, P.O. Arrah Chowk, P.S. – Arrah Nagar, District – Arrah 4. Pramita Sahay, w/o Krishna jee, R/M – Maulhipur, P.O. Arrah Chowk, P.S. – Arrah Nagar, District – Arrah 5. Malti Devi, W/o Kameshwar Pd. Singh, R/M- Mirganj, Arrah, Chowk, P.S. – Arrah Nagar, District – Arrah …………… Petitioners Versus 1. The State Of Bihar 2. The Principal Secretary, Urban Development and Housing Department, Govt. of Bihar, Patna 3. The Divisional Commissioner, Patna 4. The Municipal Corporation, Arrah through Municipal Commissioner, Arrah 5. The Municipal Commissioner, Arrah Municipal Corporation, Arrah 6. Mayor, Municipal Corporation, Arrah …. Respondents ----------- For the Petitioner: Mr. Mahendra Prasad Gupta, Advocate For the State : Mr. P.K. Shahi, Advocate General, Mr. P. Tekriwal, GA I For the Corporation: Mr. Santosh Kumar, Advocate --- 3 2/2/2010 This Court on 21.1.2010 had passed the following order: “Heard Mr. Mahendra Prasad Gupta, learned counsel for the petitioners, Mr. P.K. Shahi, learned Advocate General, and Mr. P.Tekriwal, learned Government Advocate- 1, for the State and Mr. Santosh Kumar, learned counsel for the Municipal Corporation. The grievance of the petitioners in this public 2 interest litigation are basically two fold; that though the Standing Committee has been constituted under section 21 of the Bihar Municipal Act, 2007 (for brevity, “the Act”), no Rules have been framed as contemplated under sub-section (6) of Section 21, as a consequence of which the provision meant for Standing Committee is absolutely meaningless; and that the Municipal Council has not taken any steps whatsoever under section 28 of the Act as a result of which all other provisions attached thereto have become redundant and the legislative intendment has been crucified. Mr. Shahi, learned Advocate General is requested to obtain instructions from the State Government why the Rules have not yet been framed and how long will it take to frame the Rules as there has to be appropriate governance at the local self-government level as per the mandate of the Constitution. Let the matter be listed on 1st of February, 2010. We hope and trust that the State Government shall understand its function as commanded by the legislature and not pave the path of deviancy.” Today Mr. P.K. Shahi, learned Advocate General appearing for the State has filed the return and stated that the draft Rules have already been formulated and the same shall be given the final shape within a period of four weeks. Recording such concession, the writ petition stands disposed of. Neyaz/ (Dipak Misra, CJ.) (Mihir Kumar Jha, J.)