Upendra Kumar Roul v. State of Odisha
Case brief
What is this about?
PIL writ petition before High Court of Orissa (Cuttack) over siting of an ANM Sub-Centre at Bhotaka rather than Badarampei, Jajpur district; petitioner alleged political consideration and construction on Gochar land in Mouza Bhotaka. Key themes: judicial review under Article 226 of the Constitution of India; separation of executive function from judicial substitution; location/siting of health facilities (ANM Sub-Centre); court held siting is purely executive and dismissed the petition. Bench per coram line: M.R. Sri Raman (Chief Justice); signature block: Chakradhari Sharan Singh (Chief Justice) and M.S. Raman (Judge). Decision date 18.03.2024. No precedent cases cited; no monetary quantum involved.
What did the court decide?
The location of an ANM Sub-centre is purely an executive function; it would not be proper for the Court, exercising judicial review under Article 226, to substitute its own opinion in place of the decision of the Government and its authorities in such matters.