Dismissed

Nandkumar Anant Kadam v. the Chief Ex.Officer, Ratnagiri Z.P. and Anr.

Bombay HC23 Nov 2004WP/6095/2002

Case brief

AI extract

What is this about?

The petitioner challenged the Government's decision to shift a Primary Health Centre from Bhatgaon to Kolavli. The Court held that the decision was based on reasonable grounds to save travel distance for villagers, finding no illegality or arbitrariness. The writ petition was dismissed following principles that limit judicial interference in administrative decisions regarding location shifts.

What did the court decide?

The writ petition challenging the resolution shifting the hospital was dismissed.

Nandkumar Anant Kadam Vs the Chief… — Constitutional and Fundamental Rights | Bombay HC (2004)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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APPELLATE SIDE

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WRIT PETITION NO.6095 OF 2002

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Shri. Nandkumar Anant Kadam Vs.

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..Petitioner.

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The Chief Executive Officer, .. Ratnagiri Zilla Parishad, Ratnagiri & anr. Respondents.

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Mr. R.S. Patil with Mr. A.S. Kadam for the petitioner. Mr. U.G. Kerkar with Mr. Vilas Jadhav for respondent No. 1. Mr. J.S. Pawar, Addl. G.P. for the respondents.

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CORAM : S. RADHAKRISHNAN & DR.D.Y.CHANDRACHUD, JJ.

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23^rd November, 2004.

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P.C. :

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1. Heard learned counsel for the petitioner and learned counsel

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for respondent No.1 and the learned Additional Government Pleader for respondent No.2.

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By this petition, the petitioner residing at Bhatgaon has challenged the resolution of the Government of Maharashtra dated 19^th September, 2002 whereby the hospital which is situated at Bhatgaon( Tisang), Taluka Guhagar, District Ratnagiri has been

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shifted to village Kolavli. We have also perused the affidavit in reply filed on behalf of the State wherein it is categorically stated that there has been a demand for Primary Health Centre for almost last 40 years and for the purpose of providing health services to the residents of the villages Veer, Manjare, Medhe, Karjuve, Kajurli, and Rai which are situated near the creek, the aforesaid decision has been taken based on the report dated 17^th July, 2002. Learned Additional Government Pleader appearing on behalf of the State has also produced before us a map showing the exact location of the existing Primary Health Centre at Bhatgaon and also the proposed place wherein it is proposed to be shifted. The proposed shifting would result in saving almost 30 kms. distance, in the sense the people would have to travel almost 30 kms. lesser, for persons residing in Bhatgaon.

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The learned Additional Government Pleader also placed reliance on a judgment of the Supreme Court in J.R. Raghupathy v. State of A.P. (AIR 1988 SC 1681), wherein the Supreme Court has clearly held that the High Court ought not to interfere with regard to an administrative decision of the government with regard to the location of the Mandal Headquarters. In the present case,

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what has been challenged is shifting of hospital from one place to the other for the benefit of a large number of villagers in different villages. The affidavit in reply gives detailed reasons justifying the said shifting. We do not finding any illegality, perversity or arbitrariness in the said decision for shifting. The petition is devoid

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of any merit, accordingly the same is dismissed.

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S.RADHAKRISHNAN, J.

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DR.D.Y.CHANDRACHUD,

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Nandkumar Anant Kadam v. the Chief Ex.Officer, Ratnagiri Z.P. and Anr.

Case brief

What is this about?

What did the court decide?

Nandkumar Anant Kadam v. the Chief Ex.Officer, Ratnagiri Z.P. and Anr.

Case brief

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What did the court decide?

What the court decided

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