High CourtsSingle Bench

Mahbub Ansari vs State Of Jharkhand

Jharkhand High Court · Decided on 3 July 2024 · Citation: (2024) 07 JH CK 0012

HON’BLE JUDGES
Ananda Sen, J
RESULT
Dismissed
CASE NUMBER
Writ Petition (C) No. 5385 Of 2023

AI Structured Summary

Not yet generated for this judgment

Judgment

10 paragraphs · 330 words

Ananda Sen, J

1.

The petitioner in this writ petition has prayed for following reliefs:-

i. “For implementation of letter no. 05/P175/2021-124(5) dated 28.02.2022 issued by the Health, Medical Education and Family Welfare Department, Government of Jharkhand by which sanction was granted for construction of Primary Health Centre in the village Ahardih, Panchayat Ahardih under Block Nawadih, District Bokaro in true letters and spirit.

ii. For consideration of objection filed by various villagers with respect to the shifting of location of the Sub-health Centre which was sanctioned for the village Ahardih however the same is being shifted to village Junodih.

iii. During the pendency of the instant application stay may be granted on the process of shifting of location of the Sub-Health Centre which was sanctioned for the village

iv. For the grant of any other relief or reliefs as your lordships may deem fit and proper to meet the ends of justice.”

2.

By filing this writ petition, the petitioner is praying that the Primary Health Centre should be constructed in Village Panchayat Ahardih under Block Nawadih, District Bokaro and should not be constructed at Village Junodih. It is the case that earlier a decision was taken to construct the said Centre in the village and Block where the petitioner was residing but now the State has shifted the same by constructing the same in other region.

3.

The location where a particular Health Centre will be constructed is absolutely an independent decision of the State. This Court while exercising jurisdiction under Article 226 of the Constitution of India cannot interfere with the aforesaid decision. The decision to construct the Health Centre at Junodih is a conscious decision of the State after taking into consideration several aspects.

4.

Thus, I am not inclined to entertain this writ petition and the same is dismissed.

5.

Since this writ petition is dismissed, the I.A. No.2489 of 2024 for ignoring the defect and all other pending application, if any, also stand dismissed.