Patna High Court
Sadan Prasad Singh vs The State Of Bihar on 8 August, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16694 of 2022
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Sadan Prasad Singh, son of Shri Ramji Prasad Singh, resident of village
Sonchari, P.S. Parwalpur, District Nalanda (Bihar).
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Bihar, Patna
2. The Principal Secretary, Revenue and Land Reforms Department, Govt. of
Bihar, Patna.
3. The Principal Secretary, Health Department, Govt. of Bihar, Patna.
4. The Principal Secretary, Finance Department, Govt. of Bihar, Patna.
5. The Divisional Commissioner, Patna.
6. The Dy. General Manager (DGM-Project), Bihar Medical Services and
Infrastructure Corporation Ltd. 4th Floor Bihar State Building Construction
Corp Ltd. Hospital Road, Shashtri Nagar, Patna.
7. The District Magistrate cum Collector, Nalanda.
8. The Civil Surgeon cum Chief Medical Officer, Nalanda.
9. The Sub-Divisional Officer, Biharsarif, District Nalanda.
10. The Dy. Collector (Land Reforms), Biharsarif, District Nalanda.
11. The Circle Officer, Parvalpur, District Nalanda.
12. M/s Prasad Construction and Co. Lila Mohan Niwas, Naisarai, Biharsharif,
District Nalanda (Bihar).
... ... Respondent/s
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Appearance :
For the Petitioner/s : None
For the Respondent/s : Mr.S. D. Yadav, AAG-9
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 08-08-2023
None appeared for the petitioner when the matter was
called up in the morning and then kept aside and taken up for
hearing.
2. We perused the records and heard the learned
Patna High Court CWJC No.16694 of 2022 dt.08-08-2023
Government Pleader.
3. The grievance ventilated in the Public Interest
Litigation is the stoppage of the construction work of
Community Health Center at village Sonchari, P.S.-Parvalpur,
District-Nalanda.
4. The 6th respondent has filed a counter affidavit
indicating that the corporation being the implementing agency
has floated a tender and upon execution of agreement with the
private Respondent No. 12, work order has already been issued.
5. The District Magistrate of Nalanda, the 7 th
respondent has also filed a counter affidavit. It is stated that
after following the norms, a site was approved and the work of
construction had started, which was objected by the local
residents alleging that the proposed site is at a distance of 6
kilometers from the block headquarters; thus making it
inaccessible to the persons living within the block headquarters.
6. On the writ petition being filed pursuant to order
dated 02.12.2022, a four member enquiry team led by the
S.D.O, Hilsa and comprised of the Civil Surgeon-cum-Chief
Medical Officer, Nalanda, D.C.L.R, Hilsa and Executive
Engineer, Nalanda Building Division, Biharsharif was
constituted, as is evident from Annexure-8. An enquiry report
Patna High Court CWJC No.16694 of 2022 dt.08-08-2023
was submitted by S.D.O, Hilsa which is dated 02.05.2023. As
per the enquiry report, a separate site was identified in which a
guest house and primary health center is already in existence.
There was sufficient land for the construction to be carried out
which would also amount to upgradation of the Primary Health
Center, Parvalpur. The Additional Collector-cum-Chief
Executive Officer, Zila Parishad Nalanda has given his consent
for inter-departmental transfer of part of the land now identified.
The aforesaid site is also acceptable to the local residents.
7. The grievance of the petitioner seems to be
mitigated, as is the protest raised by the local residents against
the construction of the Community Health Center, diffused.
8. The writ petition hence stands closed.
(K. Vinod Chandran, CJ)
( Partha Sarthy, J)
Anushka/-
AFR/NAFR
CAV DATE
Uploading Date 12.08.2023
Transmission Date
