Narendra Kumar Singh @ Nagendra ... vs The State Of Bihar
2023 Latest Caselaw 3837 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Civil Writ Jurisdiction Case No.11601 of 2023
     ======================================================

Narendra Kumar Singh @ Nagendra Kumar Singh, S/o Rajaram Singh Resident of Village- Belsara, Post- Belsara, P.S.- Deo Bhawanipur, Dist.- Aurangabad.

... ... Petitioner/s Versus

1. The State of Bihar through Principal Secretary, Health Department, Bihar, Patna.

2. The Additional Secretary, Health Department, Bihar, Patna.

3. Sri Sudhir Kumar, the Joint Secretary, (BMSICL, Health Department) Bihar Medical Service Infrastructure Construction Ltd., Government of Bihar, Patna.

4. Sri Dinesh Kumar, I.A.S. Managing Director, Director, BMSICL, Health Bhawan, Shekhpura More, Shastrinagar, Patna.

5. The Deputy Managing Director, BMSICL, Patna.

6. The Collector-cum- Chairman, District Health Samitee, Aurangabad.

7. Sri Ravi Bhushan Srivastawa, the Civil Surgeon- cum- Member Secretary, District Health Samitee, Aurangabad.

8. The Additional Chief Medical Officer- cum- Public Information Officer, Health Department, Aurangabad.

9. The Sub Divisional Officer, Aurangabad.

10. The Block Medical Officer, Deo, Aurangabad.

11. Sri Samid Ansari, Incharge Medical Officer, Primary Health Centre, Block Deo, Aurangabad.

12. The Circle Officer, Block Deo, Aurangabad.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pramod Kumar Mallick, Advocate For the Respondent/s : Mr. S.D. Yadav (AAG-9) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)

Date : 18-08-2023

The petitioner, who belongs to Village Belsara, is

concerned with the Health Centre for primary treatment and its Patna High Court CWJC No.11601 of 2023 dt.18-08-2023

shifting to a different locality. The petitioner seeks quashing of

an order dated 28.02.2023 issued by the 3 nd respondent allowing

the building of the Health and Wellness Centre to be constructed

at Anandpura under Block-Deo in District- Aurangabad in place

of Belsara Village. The petitioner also seeks quashing of the

order dated 24.02.2023 issued by the 4th respondent sanctioning

the construction and also prays for a direction to the respondent

nos.4 and 6 to stop the construction of the building. The

insistence of the petitioner is that the Health and Wellness

Centre should be constructed at Belsara-Village itself. The

learned counsel also submits that the existing Centre is now

being shifted, causing undue hardship to the residents of the

locality.

2. The learned Government Advocate, on instructions,

submits that the Health Centre was being run in a rented

building and now it is intended to be shifted to a newly

constructed building on Government land; that too only 900

meters away.

3. We are of the opinion that construction of a

building and the establishment of a Health Centre are all within

the policy decision of the Government. The Government

through the appropriate Department is the best judge to decide Patna High Court CWJC No.11601 of 2023 dt.18-08-2023

on the location in which a Health Centre is to be established or

shifted. The shifting may cause hardship to the persons of the

immediate vicinity in which, earlier, the Health Centre was

located. But none can insist that the Health Centre should be at

their door steps itself. A Health Centre established in a Village

would be used by many persons, coming from near and far. We

also take note of the submission of the learned Government

Advocate that the shifting is only to a location 900 metres away

from the present location.

4. We see absolutely no reason to entertain the writ

petition and the same stands dismissed.

(K. Vinod Chandran, CJ)

(Partha Sarthy, J) Sunil/-

AFR/NAFR                NAFR
CAV DATE
Uploading Date          22.08.2023
Transmission Date