The Division Bench of the Patna High Court, comprising Acting Chief Justice Chakradhari Sharan Singh and Justice Madhuresh Prasad in the case of Munilal Yadav & Anr v. The State of Bihar and ors. has dismissed the PIL regarding allocation of land for Public hospitals and expounded that construction of the Additional Primary Health Centre is essentially an issue of executive policy and court cannot interfere in it.
The petitioner has filed Public Interest Litigation for seeking direction upon the Authorities to start construction of the Additional Primary Health Centre at village Nerthua under Nerthua Panchayat on the lands, which he claims, were selected by the Gram Sabha held on 07.01.2022. The petitioner has also raised an apprehension that under pressure of superior Authorities arising out of political influence, the Circle Officer, Kako has submitted a proposal of a different plot for construction of the Primary Health Centre.
The Court considered the submission of the petitioners and observed that the petitioners have not brought any material on record to show that proximity to the railway station or highway is preferred for establishment of the Health Centre and because some land is said to have been approved by an earlier Gram Sabha, cannot be accepted as being the final word based on which directions can be issued for construction of the Health Centre at that very place.
Therefore, the Court is not inclined to proceed further with the issue as public interest litigation and disposed of the PIL.
Case Details
Case:- Civil Writ Jurisdiction Case No.4296 of 2023
Petitioner:- Munilal Yadav & Anr
Respondent:- The State of Bihar and ors.
Counsel for the Petitioner - Mr. Manish Kumar Singh
Counsel for the Respondent – Mr. P.K. Shahi
Judge: Acting Chief Justice Chakradhari Sharan Singh and Justice Madhuresh Prasad
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