Patna High Court
Vikash Chandra @ Guddu Baba vs The State Of Bihar on 5 January, 2024
Bench: Chief Justice, Rajiv Roy
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17795 of 2023
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Vikash Chandra @ Guddu Baba S/o Late Ramashraya Prasad, Resident of
Mohalla- Indrapuri, Road No. 12, House No.- 39, P.O.- Keshari Nagar, P.S.-
Patliputra, District- Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.
2. The Chief Secretary, Govt. of Bihar, Patna.
3. The Union of India, represented by Ministry of Health and Family Welfare
through its Secretary, Govt. of India, New Delhi.
4. The Secretary, Ministry of Health and Family Welfare, Govt. of India,
Nariman Bhawan, New Delhi, Chanakyapuri- 110011.
5. The Additional Chief Secretary, Health Department, Govt. of Bihar, Patna.
6. Director-in-Chief (Administration), Health Services, Govt. of Bihar, Patna.
7. The Divisional Commissioner, Muzaffarpur.
8. The District Magistrate, Muzaffarpur.
9. The Principal, Shri Krishna Medical College and Hospital Muzaffarpur.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Vikash Chandra @ Guddu Baba (In Person)
For the Respondent/s : Mr.P.K. Shahi, A.G.
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE RAJIV ROY
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 05-01-2024
The above writ petition is one filed by an
individual, who appears in-person. The prayer in the writ
petition is as follows:-
"(i) To make operational Super Speciality
Hospital at Shri Krishna Medical College &
Hospital, Muzaffarpur for upgradation thereof
under the scheme, namely, 'Pradhan Mantri
Patna High Court CWJC No.17795 of 2023 dt.05-01-2024
Swasthya Suraksha Yojana, Phase-III."
2. The petitioner contends that the people of
Muzaffarpur are deprived of a Super Speciality Hospital and
that in such circumstances, seeks the above relief. He claims
that he has a spirit for the welfare of public interest and that he
has performed numerous acts of benevolence with judicial help
for welfare of the public.
3. However, we find that the above writ petition
is totally misconceived and lacks any reasonable grounds for
this Court to proceed with. The petitioner has produced some
photographs on which he seeks the reliefs; which photographs
he submits, he took in the course of his visit to Muzaffarpur,
being curious to know as to why the work of the Shri Krishna
Medical College & Hospital was prevented. The petitioner also
says that the work has been pending for 3-4 years.
4. The photographs produced by the petitioner
itself show that construction is underway and the Ministry of
Health and Family Welfare, Government of India is the awarder
of the work. The work is also stated to be under the Pradhan
Mantri Swasthya Suraksha Yojna, Phase-III. The name of the
project consultant and the contractor is also specified in the
Board, both of whom have not been impleaded.
Patna High Court CWJC No.17795 of 2023 dt.05-01-2024
5. We also notice that there is an averment in the
writ petition that the petitioner saw "giant medical equipments
and machines" packed and lying in the ground floor of the
building, open to the sky. The photograph produced is
Annexure-2, which does not indicate any hospital equipments
having been kept unattended. In fact, the black and white
photograph, though unclear, show construction materials being
kept in the building wherein construction is on-going.
6. This Court cannot but express its deep anguish
in the manner in which the public interest litigation was filed
without any substantiating material and casually on taking a few
photographs. Even a public interest litigation filed should be
with some responsibility and with substantiating material after
conducting an inquiry into the matter. The practice of taking up
cudgels against the government and its authorities on mere
apprehension and casting aspersions which are not
substantiated, is in the nature of a publicity induced litigation
and not actually in public interest. We record our disapproval in
the strongest terms and caution the petitioner, who is regularly
in this court with public interest litigations, from overstepping
limits and taking alleged public causes in a casual manner. This
time, we restrain ourselves from imposing any cost on the
Patna High Court CWJC No.17795 of 2023 dt.05-01-2024
petitioner.
7. The writ petition would stand dismissed.
(K. Vinod Chandran, CJ)
( Rajiv Roy, J)
Sujit/-
AFR/NAFR NAFR
CAV DATE
Uploading Date 09.01.2024
Transmission Date
