Disposed

Dileswar Singh v. State of Odisha

Orissa HC19 Mar 2019WP(C)/17839/2018

Case brief

AI extract

What is this about?

In a writ petition, the petitioner challenged the rejection of her canteen allotment application due to a hospital shift plan. The Court, noting a new Government notification keeping the hospital at the old site, directed the respondents to consider the application and allot a suitable place within four weeks.

What did the court decide?

Directions issued to opposite parties to consider the application for a canteen area and allot a suitable place to the petitioner within four weeks.

Dileswar Singh Vs State of Odisha — Constitutional and Fundamental Rights | Orissa HC (2019)

¶1

W.P.(C) NO.17839 OF 2018

¶2

19.03.2019 Heard learned counsel for the petitioner and learned Addl. Government Advocate.

¶3

This Writ Petition has been filed by the petitioner challenging the order dated 23.08.2017 passed by the Collector, Jharsuguda rejecting the prayer of the petitioner for allotment of an area for running of a Canteen in the present campus of the C.D.M.O office, Jharsuguda.

¶4

¶5

It appears that earlier the petitioner has approached this Court in W.P.(C) No.1713 of 2017, which was disposed of on 21.02.2017 with a direction to the Collector, Jharsuguda to look into the request of the petitioner and take a decision for allotment of any other areas for running of the Canteen within one month from the date of receipt of the order. Pursuant to the said direction, the Collector, Jharsuguda by the impugned order rejected the application of the petitioner with an observation that since the District Head Quarter Hospital and CDMO Office, Jharsuguda are going to be shifted to other site, there is no need for allotment of other area for running of a Canteen in the present campus. However, in the meantime the Government of Odisha in the Department of Health and Family Welfare Department has issued notification dated 21.05.2018 wherein it is stated that with a view to strengthen implementation of National Urban Health Mission, it was decided to notify one more UPHC in Old DHH Building premises of Jharsuguda City with OPD and bedded facilities of the State over and above 102 nos. of UPHCs/UCHCs across urban areas of the State which have been notified previously by Government. Learned counsel for the petitioner submitted that in

¶6

¶7

view of the notification dated 21.305.2018, since the District Head Quarter Hospital has not been shifted to other site and functioning in its old place, direction may be issued to consider the application of the petitioner for allotment of an area for funning of a Canteen.

¶8

Learned Addl. Government Advocate however, submitted that the earlier agreement executed by the petitioner to continue the Canteen has lapsed since 2002 and the Collector considering the fact that the Hospital is to be shifted, rejected the application of the petitioner.

¶9

Considering the above and taking into consideration the notification dated 21.05.2018 issued by the Government of Odisha in the Department of Health and Family Welfare wherein it was decided to notify one more UPHC in Old DHH Building premises of Jharsguda City with OPD and bedded facilities of the State, this Court directs opposite party Nos.2 and 3 to consider the application of the petitioner dated 05.01.2017 under Annexure: 11 and allot a suitable place in her favour for running a Canteen in the interest of general public. The above exercise shall be completed within a period of four weeks from the date of production of certified copy of this order.

¶10

……………….. S.Panda, J.

¶11

Dileswar Singh v. State of Odisha

Case brief

What is this about?

What did the court decide?

Dileswar Singh v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Urbasi Panda Vs State of Odisha

Chhabi Karna Vs State of Odisha

Divisional Manager,Oriental Insurance Co.Ltd. Vs Gobinda Khilar

Hari Electrical Works Vs State of Odisha

Reshma Behera Vs the Chaiman,Cuttack Development Authority

[email protected] Sayani@Dhanyani Vs Jamila Banu