Oral order on a writ petition challenging the construction of an Angan Bari Kendra at a specific location. The court held that location is an administrative decision not subject to judicial review absent patent illegality, which was not shown. The petition was dismissed.
No relief granted to the petitioner. The writ application is dismissed.
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.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12169 of 2013
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Aneeta Devi Wife Of Rajeshwar Mishra Resident Of Purkhauli Visara, P.S. : Lalganj, District : Vaishali
.... .... Petitioner/s Versus 1. The State Of Bihar through the Chief Secretary, Bihar at Patna 2. The Principal Secretary, Deptt. Of Panchayati Raj, Bihar At Patna 3. The Collector, Vaishali 4. The Superintendent of Police, Vaishali 5. The Panchayati Raj Officer, Vaishali 6. The Sub Divisional Officer, Lalganj, Vaishali 7. The Land Reforms Deputy Collector, Lalganj, Vaishali 8. The Secretary, Gram Panchayat Raj Purkhauli, Vaishali 9. The Anchal Adhikari, Purkhauli, Vaishali 10. The Station House Officer, Purkhauli, P.S. Vaishali .... .... Respondent/s
====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER
2 02-03-2016 No one appears on behalf of the petitioner.
The petitioner has prayed for a direction upon the respondents to construct Angan Bari Kendra at another suitable place and not at the place where it is being constructed.
Although relevant facts justifying construction of the Centre at the selected location has been set out in the counter affidavit, but, in my view, no relief as such can be granted to the petitioner. Where the Centre in question shall be constructed, is the administrative decision of the State respondent. The Court is not required to go into the correctness of such decision unless
Patna High Court CWJC No.12169 of 2013 (2) dt.02-03-2016
2/2
some patent illegality is shown which is not the case in hand.
The writ application is dismissed.
(Kishore Kumar Mandal, J)
HR/-
U
2 issues framed by the court
Whether the Court should interfere with the State's administrative decision regarding the location of construction of a Centre.
Whether the alleged facts in the petitioner's notice are sufficient to show patent illegality.
Aneeta Devi
The State Of Bihar
Kishore Kumar Mandal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
