Patna High CourtCWJC/12825/2014disposed

Durganand Singh v. The State Of Bihar And ORS

2017-02-06Mr. Justice Ahsanuddin Amanullah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12825 of 2014 =========================================================== Durganand Singh son of Late Ram Bahadur Singh resident of village - Bhimpur, P.S. Bhimpur, District - Supaul .... .... Petitioner/s

Versus

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

2. The District Magistrate, Araria

3. The Civil Surgeon, Araria

4. The Circle Officer, Narpatganj, Araria

5. The In - Charge Medical Officer, Primary Health Centre, Narpatganj, Araria

6. The Deputy General Manager, Building Construction Department, Purnea .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s :

Mr. Bidhanesh Misra, Advocate.

Mrs. Taniya Mishra, Advocate.

For the Respondent/s :

Mr. Sanghmitra Ghosh, AC to GP 15.

=========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 06-02-2017 Heard learned counsel for the parties.

The petitioner has moved the Court seeking a direction upon the respondents not to construct a Primary Health Centre at Narpatganj on their private land appertaining to Khata no. 1688 Khesras No. 6707 and 6708.

The stand in the counter affidavit is that the Primary Health Centre, Narpatganj is being constructed on Khesra No. 6709. In view of the aforesaid, the writ petition stands disposed off since the land of the petitioner, as claimed in the writ petition, is said to have been left undisturbed and no construction of the Primary

Patna High Court CWJC No.12825 of 2014 dt.06-02-2017 2/2 Health Centre, Narpatganj has been made on it and the learned counsel for the State taking a categorical stand that the private land of the petitioner shall not be used for such purpose without due process of law. However, if the need arises in future, the writ petitioner shall be at liberty to move the appropriate forum in accordance with law. (Ahsanuddin Amanullah, J) Prakash/- AFR/NAFR U