IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11137 of 2009 Anuja Jha w/o Sri Kedar Nath Jha, r/o village Ward No. 20 P.S. – Town Thana, Madhubani, District – Madhubani ………… Petitioner Versus 1. The State Of Bihar 2. The Principal Secretary, Health Department, Government of Bihar, Patna 3. The Director, Health Services, Govt. of Bihar, Patna 4. The District Magistrate, Madhubani 5. The Civil Surgeon-cum-Chief Medical Officer, Madhubani 6. The Executive Officer, Nagar Parishad, Madhubani ……….. Respondents ----------- For the petitioner: Mrs. Narmata Mishra Mr. Ratnakar Jha, Advocates For the respondents 1 to 5: Mr. Ray Shivaji Nath, Sr. Advocate Mr. Ray Saurabh Nath, AC to AAG IV 3 7/9/2009 Heard Mrs. Narmata Mishra, counsel for the appellant and Mr. Ray Shivaji Nath, counsel for respondent nos. 1 to 5. The present writ petition has been filed by a Ward Member of the Nagar Parishad, Madhubani praying for issuance of a direction to the respondent no.5 to locate a suitable piece of land within the compound of Sadar Hospital for construction of mortuary for conducting postmortem examination. Further prayer 2 has been made to restrain the Civil Surgeon, respondent no.5, from conducting any postmortem at the present site. A counter affidavit has been filed on behalf of the Civil Surgeon stating that no space is available within the hospital and Civil Surgeon has no objection if a suitable site is allotted for the construction of the mortuary where postmortem can be held. In the facts and circumstances of the case, we feel inclined to issue a direction to the effect that a team headed by the District Magistrate, Madhubani consisting of a representative from the Nagar Parishad, Madhubani and Civil Surgeon-cum- Chief Medical Officer, Madhubani shall locate a suitable place either within the hospital premises or outside for construction of mortuary and steps should be taken for construction of such construction as the amount has already been sanctioned by the Nagar Parishad. The location should be identified within a period of one month and the construction should be made within a period of six months thereafter. 3 With the above observation, the writ petition is disposed of. Neyaz/ (P.K.Misra, CJ.) (Anjana Prakash, J.)