Dismissed

Pabu Ram v. State of Rajasthan

Rajasthan HC22 Jul 2024CW/13818/2023

Case brief

AI extract

What is this about?

In D.B. Civil Writ Petition No. 13818/2023, petitioners challenged the government order allocating land and tender notice for constructing a new satellite hospital at a distance from the existing Community Health Center, alleging inconvenience to residents. The High Court held that such decisions involving expenditure and infrastructure are within the domain of authorities, not the writ court. Dis

What did the court decide?

The writ petition labelling as PIL is dismissed.

Pabu Ram Vs State of Rajasthan — Public Procurement and Tenders | Rajasthan HC (2024)

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[2024:RJ-JD:29583-DB]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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D.B. Civil Writ Petition No. 13818/2023

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Pabu Ram S/o Achla Ram, Aged About 76 Years, R/o Hospital Area, Kabara Jaw, Mathaniya, District Jodhpur.

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Bhaga Ram S/o Purkha Ram, Aged About 54 Years, R/o 1475 Ummed Nagar Road, Mathaniya, District Jodhpur.

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Nathu Ram Singariya S/o Modaram Singhariya, Aged About 35 Years, Mathaniya, Tehsil Osian, District Jodhpur.

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Kanhaiya Lal Rathi S/o Basu Deo Rathi, Aged About 75 Years, R/o Dhana Mohalla, Mathaniya, District Jodhpur.

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----Petitioners

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Versus

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State Of Rajasthan, Through The Additional Chief Secretary, Department Of Revenue, Secretariat, Jaipur.

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Secretary, Department Of Health, Secretariat, Jaipur. 3. The District Collector, Jodhpur.

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The Chief Medical And Health Officer, Jodhpur.

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----Respondents

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For Petitioner(s)	:	Mr. Manoj Bhandari, Sr. Adv. assisted by Mr. Nishant Bora & Mr. Bhagirath RayBishnoi
For Respondent(s)	:	Mr. Manish Patel, AAG assisted by Mr. Sanwar Lal
		Mr. Jai Pareek
		Mr. S. S. Ladrecha, AAG assisted by
		Mr. D. S. Pidiyar
		Mr. N. S. Rajpurohit,AAG

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HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR HON'BLE MR. JUSTICE KULDEEP MATHUR

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Order

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22/07/2024

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This writ petition labelled as public interest litigation comes up with the following prayers:

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“i) the Respondents may be directed to not shift the Satellite Hospital Mathaniya from khasra

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(2 of 3)

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[2024:RJ-JD:29583-DB]

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[CW-13818/2023]

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No.152, 154,311 and construct the new building in the same premises;

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ii) the order dated 13.02.2023 allotting 10 bighas of land in Khasra No.1017/994 for construction of satellite hospital Mathaniya may be quashed and set aside

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iii) the NIT No.35/2023-24 dated 20.08.2023 regarding construction of Satellite Hospital Mathaniya may be quashed and set aside;'

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iv) the new building must be constructed within the premises of existing satellite hospital in khasra No.152,311 154 in town Mathaniya;

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v) Any other appropriate writ, order or direction which this Hon'ble Court considers just and proper in the facts and circumstances of the present case, may kindly be passed in favour of the Petitioner;

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vi) Costs of the writ petition may kindly be awarded to the Petitioner.”

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Mr. Manoj Bhandari, learned Senior Counsel for the petitioners submits that construction of the new Satellite Hospital would cause serious problems to the residents of the locality inasmuch as the new Satellite Hospital is being constructed at about 2.5 kms/3.0 kms from the existing Community Health Center. The learned Senior Counsel would further submit that looking at the plight of the residents a direction may be issued to the State-respondents to look into the grievance of the residents of the locality like the present petitioners and take a conscious decision in the matter.

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In the first place, we need to indicate that in a matter of the present nature the writ court shall be denuded of its powers to issue any direction for shifting of the Satellite Hospital or for up-gradation of the present Community Health Center because there shall be several considerations, such as, expenditure, extra infra-structural facilities etc. which can be decided by the

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[2024:RJ-JD:29583-DB]

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[CW-13818/2023]

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(3 of 3)

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authorities and not the Court. The petitioners have themselves stated that the Community Health Center caters the needs of the residents of Ummed Nagar, Khari, Jud, Bhawad, Devta Ki Dhani, Bhariyo Ki Dhani, Vinayakpura, Ujaliya, Rampura, Sindhiyon-kiDhaniyan, Kiramsariya, Kelawa, Khudiyala, Newra, Kutadi Maisar, Chawadiyali Bhainsar, Kotada, Rajasni, Chopasani and Binjwadia. In this scenario, the stand taken by them does not seem to be correct and in the interest of the villagers inasmuch as the Satellite Hospital which is equipped with better facilities would not cater the needs of the local residents in a better manner is not supported by any concrete material. It appears that the petitioners have challenged the tender notice vide NIT No.35/2023-24 dated 20^th August 2023 in the garb of a public interest litigation.

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Therefore, the present D.B. Civil Writ Petition No. 13818/2023 is dismissed.

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(KULDEEP MATHUR),J

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(SHREE CHANDRASHEKHAR),J

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4-neha/DivyaTak-

Pabu Ram v. State of Rajasthan

Case brief

What is this about?

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Pabu Ram v. State of Rajasthan

Case brief

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