IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1473 of 2010 Sarvadaliya Sangharash Morcha, through Parash Nath Chaubey s/o late Ramadhar Chaubey, r/o Mohalla Belaur, Post – Dahibar, P.S. – Buxar Industrial Area, District Buxar …… Petitioner Versus 1. The State Of Bihar through the Chief Secretary, Govt. of Bihar, Patna 2. The Chief Secretary, Govt. of Bihar, Patna 3. The Principal Secretary, Health Department, Govt. of Bihar, Patna 4. The Divisional Commissioner, Patna 5. The District Magistrate, Buxar 6. The Civil Surgeon, Buxar ….. Respondents ----------- For the petitioner: Mr. Mahendra Prasad Gupta, Advocate For the State: Mr. Kaushal Kumar Jha, SC XVIII 2 29/1/2010 In this public interest litigation the grievance of the petitioner is that the Sub-Divisional Hospital situate at Buxar is being shifted to 7 Kms. away from its present place. On a perusal of the averments in the petition and upon hearing Mr. Mahendra Prasad Gupta, learned counsel for the petitioner and Mr. Kaushal Kumar Jha, learned counsel for the State, it is evident that a policy decision has been taken to upgrade the Sub-Divisional Hospital, Buxar to a Sadar Hospital with modern and sophisticated equipments. In view of the aforesaid, we are of the considered opinion that 2 public interest would be better subserved if modern hospital is setup at an appropriate place. The distance of 7 Kms. cannot be a governing factor. In view of the aforesaid, we are not inclined to entertain this public interest litigation and accordingly it is dismissed. Neyaz/ (Dipak Misra, CJ.) (Mihir Kumar Jha, J.)