The High Court disposed of a PIL concerning the infrastructure for a Primary Health Centre. The Court expressed expectation that authorities ensure medical assistance for residents but did not alter the underlying status or grant specific relief.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
PUBLIC INTEREST LITIGATION (ST) NO.30534 of 2017
Grampanchayat Asland ... Petitioner V/s. ... Panchayat Samiti, Khanapur & ors. Respondents
Mr.R.A. Naik i/b.Umesh R. Mankapure for the petitioner.
Mr. P.P.Kakade, AGP for the State.
CORAM : NARESH H. PATIL, C.J. & N.M. JAMDAR, J.
09th January, 2019.
P.C.
The issue as to whether Primary Health Centre from village Vita,
Tal. Khanapur be transferred to Village Pare in the same Taluka of Sangli District was subject matter of petition filed earlier. By the
judgment dated 2nd May 2011, the Division Bench of this Court disposed of the writ petition. Paragraphs 6 to 8 of the judgment read as
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under:
"6. It is true that in exercise of writ jurisdiction under Article 226 of the Constitution of India, this Court is not to sit in appeal over an administrative decision. However, what is required to be noted is that it was not that either the District Planning and Development Committee or the Joint Director of Public Health or the State Government had considered the two rival claims, one of the Alsand Gram Panchayat and the other of Pare Gram Panchayat. If the State Government had considered the matter in this perspective, the matter would stand on a different footing. However, in the facts of the instant case, it appears to be almost undisputed that the claim of the Alsand Gram Panchayat or the resolution of the Khanapur Panchayat Samiti passed on 18th October 2010 was not at all placed before any of the authorities, viz. the District Planning and Development Committee or the Joint Director of Public Health or the State Government. On this short ground alone, that is to say that the impugned decision was taken without taking into account all the relevant factors, we set aside the impugned order dated 18th December 2010 and direct that the fresh decision be taken on the question of shifting of Primary Health Centre from Vita to village Pare after considering all the relevant material including the resolution dated 18th October 2010 of Khanapur Panchayat Samiti and such other material as may be considered relevant by the State Government.
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Khanapur.
N.M. JAMDAR, J CHIEF JUSTICE
L.S. Panjwani, P.S.
Grampanchayat Asland
Panchayat Samiti, Khanapur
NARESH H. PATIL
N.M. JAMDAR
As recorded by the court registry
Litigation brought on behalf of the public interest rather than a personal grievance, relaxing the usual rule of locus standi.
Judgements on the same questions, provisions and authorities, from every court
