IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15619 of 2006 Ram Datta Singh son of late Doma Singh resident of Village, Pian P.S. Sonhan District Kaimur… …Petitioner Versus 1. The State Of Bihar, 2. The District Magistrate Kaimur, 3. The Deputy Development Commissioner Kaimur, 4. The District Planning Officer, Kaimur at Bhabhua, 5. The Anchaladhikari Bhabhua…. ..Respondents ----------- For the Petitioner : Mr. Arbind Nath Pandey, Advocate For the State : D. K. Singh, AC to GP-V ……….. 2 25.07.2011 Heard learned counsel for the petitioner and the State. Petitioner seeks direction to the authority concerned for construction of Sub-Health Center upon R.S. Plot No.1030 measuring an area of 10 decimals which was earlier proposed by the competent authority for the said purpose and for which Rs. 4 lac was sanctioned. It has been submitted that, however, subsequently the authorities have cancelled the aforesaid proposal and selected Plot No.588 for construction of the Health Sub-Center which is recorded as Pokhar (Tank) in the records of rights and which is used by the public of village for irrigation and 2 drinking water for animal. It has further been submitted that the aforesaid Tank has already been settled by the competent authority in favour of Kunwar Choudhary by the Fishery Department for the period from 1.4.2006 to 31.3.2011. A counter affidavit has been filed on behalf of the State, wherein a stand has been taken that Plot No.588 is a big plot and the road criss-crosses the aforesaid plot No.588 at its Southern tip and 5 decimals space of the aforesaid plot lies South to the road which has been shown in the Sketch Map, which has been brought on record as Annexure-D to the counter affidavit. Thus, it is contended that the Health Sub-Centre is proposed to be constructed on that 5 decimals part of the Plot No. 588 South of the road which is not a Pokhar but due to passage of time the same has been filled up and 75% of the construction had already been completed at the time of filing of the counter affidavit filed in the year 2008. In view of the aforesaid fact, this Court is of the opinion that the decision for constructing a Health Sub- Centre has to be taken by the competent authority after scrutinizing many things including the availability of land 3 as well as convenience of public. It has been further pointed out by the learned counsel appearing for the State that earlier the matter was enquired into by the competent authority and a decision has been taken thereafter to construct the health Sub-Centre on Plot No.588-589 in place of earlier Plot No.1030 after consideration of various aspects as reflected from Annexure-3. Thus, in the opinion of this Court, since the decision has to be taken by the Government in accordance with law, no positive direction can be given by this Court to construct the Public Health Sub-Centre in a particular piece of land. That apart, a stand has been taken that the aforesaid Pokhar has been settled by Fishery Department in favour of some one , however, he has not approached this Court challenging the aforesaid decision. This Court does not find any illegality in the decision taken by the authority. As a result, this writ application, being devoid of any merit, is accordingly, dismissed. Sanjay-II ( Dr. Ravi Ranjan, J.)