Shambhu Nath Mandal v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.21479 of 2019 ====================================================== Shambhu Nath Mandal S/o Lakhan Mandal, resident of village-Dhanwah, Dhanwo, P.S.- Chanan, Distt.- Lakhisarai.

... ... Petitioner/s

Versus

1.

The Union of India through its Home Secretary, Ministry of Home Affairs, New Delhi 2.

Home Secretary, Ministry of Home Affairs, New Delhi 3.

The State of Bihar through the Principal Secretary, Health Department, Govt. of Bihar, Patna 4.

Principal Secretary, Health Department, Govt. of Bihar, Patna 5.

Principal Secretary, Planning and Development Department, Govt. of Bihar, Patna 6.

Divisional Commissioner, Munger Division, Munger 7.

District Magistrate, Lakhisarai 8.

Deputy Development Commissioner, Lakhisarai 9.

District Programme Officer, Lakhisarai 10.

Chief Medical Officer, Lakhisarai 11.

Sub Divisional Magistrate, Lakhisarai 12.

Block Development Officer, Chanan Block, Lakhisarai 13.

Circle Officer, Chanan Block, Lakhisarai 14.

Panchayat Secretary, Jankidih Gram Panchayat, Chanan, Lakhisarai ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Brajesh Kumar Pandey, Adv.

For the Respondent/s :

Mr.S. D. Yadav, AAG 9 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER (Per: HONOURABLE MR. JUSTICE SHIVAJI PANDEY) 25-10-2019 Heard learned counsel for the petitioner and learned counsel for the State.

2. In the present case, the Government is proposing to

Patna High Court CWJC No.21479 of 2019(2) dt.25-10-2019 2/2 construct a hospital, but the objection has been raised that the site, which has been selected, is not comfortable to the people of the panchayat and at the behest of the Mukhiya of gram panchayat, he has got the said hospital shifted near to his house for his own purpose despite of objection raised by the people of the panchayat.

3. In such view of the matter, this matter is referred to the Collector, Lakhisarai who will examine the selection of site and take an administrative decision in accordance with law. This Court is not giving any opinion with regard to choice of the site.

4. With the above observation and direction, this petition is disposed of.

(Shivaji Pandey, J) (Partha Sarthy, J) Mahesh/- U