The petition sought writ jurisdiction regarding the Government's desire to take over a private hospital. The court held that such policy decisions are an executive domain and did not adjudicate the matter under Article 226.
Writ application disposed of with direction that the matter is for the executive domain.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.568 of 2010
1. DR.CHANDRA BHUSHAN SHARMA S/O RAM CHANESHWAR THAKUR R/O VILL MOH-MANIYARI,
P.S. MANIYARI, DISTT-MUZAFFARPUR, AT PRESENT MEDICAL SUPERINTENDENT , MANIYARI
HOSPITAL,MANIYARI, MUZAFFARPUR
Versus
1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY GOVERNMENT OF BIHAR
2. THE COMMISSIONER TIRHUT DIVISION, MUZAFFARPUR
3. THE PRINICIPAL SECRETARY, DEPARTMENT OF HEALTH GOVERNMENT OF BIHAR, PATNA
4. THE DISTRICT MAGISTRATE MUZAFFARPUR
5. THE CIVIL SURGEON MUZAFFARPUR
6. THE DEPUTY DEVELOPMENT COMMISSIONER MUZAFFARPUR
7. THE UNDER SECRETARY, HEALTH DEPARTMENT GOVERNMENT OF BIHAR, PATNA
8. THE DIRECTOR IN CHIEF HEALTH BIHAR, PATNA
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2/ 14/03/2011 The desire of the petitioner for takeover of
the Maniyari Hospital, Maniyari, District-
Muzaffarpur by the Government is more a matter of policy than for the Writ Court to adjudicate under Article-226 of the Constitution of India.
If the petitioner has represented or
proposes to represent, that is an aspect pertaining exclusively to the executive domain of the respondents.
The writ application stands disposed in the aforesaid terms. KC ( Navin Sinha, J.)
1 issue framed by the court
Whether the High Court can adjudicate under Article 226 on the executive policy desire of the Government for the takeover of a private hospital.
1 provisions across 1 enactments
Dr. Chandra Bhushan Sharma
The State of Bihar
The Commissioner Tirhut Division
The Principal Secretary, Department of Health
The District Magistrate Muzaffarpur
The Civil Surgeon Muzaffarpur
Navin Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court