Dalit Vikas Abhiyan Samiti v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12834 of 2014 =========================================================== Dalit Vikas Abhiyan Samiti through its Director Dharmender Kumar, office at Ambedkar Nagar, Rattan Complex, Road No. 14, Ashok Nagar, P.S. Kankarbagh, District - Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar through its Chief Secretary

2. Principal Secretary, Department of Health, Bihar

3. The Principal Secretary, Department of Social Welfare, Bihar

4. The District Magistrate, Patna

5. The Chief Medical Officer - Cum - Civil Surgeon, Patna

6. The Sub - Divisional Officer, Patna City, Patna

7. The Superintendent, Guru Govind Singh Hospital, Gulzarbagh, Patna

8. The Director, State Health Society, Bihar

9. The In - Charge, District Health Society, Patna

10. The Secretary, Rogi Kalyan Samiti, Guru Govind Singh Hospital, Gulzarbagh, Patna

11. The Patna Municipal Corporation through the Commissioner, Mauryalok, Patna.

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

For the Petitioner/s : Mr. Vikash Kumar Pankaj, Advocate For the Respondent/s : Mr. Devendra Kumar Sinha, A.A.G.-2 Mr. Alok Kumar Rahi, A.C. to A.A.G.-2 For the respondent- PMC : Mr. Sanjay Prakash Verma, Advocate =========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE And HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 23-03-2015

Patna High Court CWJC No.12834 of 2014 dt.23-03-2015 2/3 This writ petition, by way of public interest litigation is filed complaining about the failure of the respondents to maintain cleanliness in the Guru Govind Singh Hospital, Gulzarbagh, Patna City and protection of its properties.

The matter was taken up on 12.01.2015 and three directions were issued, namely that heap of entire garbage which exists in any part of the premises of the hospital shall be removed, that no one from outside shall be permitted to dump garbage or to tether cattle in the premises of the hospital and that except the main gate, rest of the entry gate shall be closed. On behalf of the respondents, a counter affidavit is filed. It is stated that directions contained in paragraph (a) and (b) were complied with, and as regards direction (c) the Building Construction Department, Govt. of Bihar was approached, that was also said to be in progress.

Heard Sri. Vikash Pankaj, learned counsel for the petitioner, learned Sri D. K. Sinha, learned Additional Advocate General -2 for the respondents 1 to 7, and Sri Sanjay Prakash Verma, learned counsel for the respondent- Patna Municipal Corporation. The endeavour made by the petitioner resulted in removal of garbage and stoppage of tethering cattle in and around the Hospital. Steps for maintenance of cleanliness in and around the

Patna High Court CWJC No.12834 of 2014 dt.23-03-2015 3/3 Hospital must continue. As regards construction of boundary wall, the matter is said to be under active consideration. We dispose of the writ petition by directing the respondents to complete the construction of the boundary wall around the Hospital, wherever it is needed, within two months from today.

Interlocutory application, if any, shall stand disposed of. There shall be no order as to costs.

(L. Narasimha Reddy, CJ) (Vikash Jain, J) Sunil/- U