This PIL sought a writ of mandamus to upgrade Teghra Nagar Panchayat to Nagar Parishad. The Court held that such upgradation is a legislative/administrative function and refused to issue the writ, directing the petitioner to approach the competent authority.
Application dismissed; petitioner directed to approach competent authority.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.15409 of 2017
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Dev Kumar
... ... Petitioner/s
Versus The State Of Bihar & Ors ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Ashish Kumar Lal, Advocate For the Respondent/s : Mr. Yogendra Prasad Sinha - AAG 7 ======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)
Date : 01-11-2017
This application in public interest has been filed with a prayer that a mandamus be issued to the respondents to declare or upgrade Teghra Nagar Panchayat of district Begusarai into Teghra Nagar Parishad/Medium Urban Area under Section 4(1) of Bihar Municipal Act, 2007.
Even though various grounds are raised to say that the petitioner is entitled to the said benefit based on the census of 2011 and various other statutory provisions, but we are of the considered view that for the purpose of upgradation of a Nagar Panchayat, a writ petition in public interest is not a proper remedy and this Court cannot issue any mandamus.
Patna High Court CWJC No.15409 of 2017 dt.01-11-2017 2/2
Even though learned counsel for the petitioner relies on a judgment of this Court in the case of Shri Singh vs. The State of Bihar & Ors., (C.W.J.C. No.3040 of 2016) to say that upgradation can be permissible, but we are of the considered view that these are all legislative functions and a Writ Court cannot issue mandamus in this regard. As upgradation or declaration of a Nagar Panchayat as Nagar Parishad is a legislative and administrative function of the State Government, we are not inclined to make indulgence into the matter. However, petitioner may represent to the competent authority and it would be for the competent authority to consider and take a decision in the matter.
With the aforesaid, this application is disposed of.
(Rajendra Menon, CJ)
( Anil Kumar Upadhyay, J)
K.C.Jha/-
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | |
| Uploading Date | 8.11.2017 |
| Transmission Date |
2 issues framed by the court
Whether this Court can issue a writ of mandamus to upgrade a Nagar Panchayat into a Nagar Parishad.
Whether upgradation of a Nagar Panchayat is a legislative or administrative function preventing writ intervention.
Colour shows how this judgement treated each authority
Shri Singh vs. The State of Bihar & Ors.Distinguished¶11
Shri Singh vs. The State of Bihar & Ors. (C.W.J.C. No.3040 of 2016)
1 provisions across 1 enactments
Dev Kumar
The State Of Bihar
Rajendra Menon
Anil Kumar Upadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
