@EVFM gigemh C$I®L€%) IN THE HIGH COUR C wrw mmo M‘ ChaiTmm Nnik, 0 PETITIONER: 5/ Jaganna‘l'h Nuik, Aged about 70 years, Occupa'tion: Refired Head Master and Coordim'l'or, Medicai CoHege Bachao Sangharsh 5amifi, Village: Loharsingh District aigar-h, Rlo Village: Lohursingh, Disfrif: Rigar, Caffisgorh. — - 1. fa're of Chhaffisgorh, REPONDENTS: S Throug fhe Secremry, Deparfmenf of Renue, McMmlayu, D.$. Bhawan, Raipur, ChhaHisgarh. Secre‘l'ary, 1'm Deparen't of Heal'l'h , STnTe of Chhaffisgurh, Manfmlaya, D.K.3. Bhawan, Raipur, Chhaffisgarh. ’ 3. Director, Pubiic HeaMw & Family Welfare, Sla‘re of Chha‘r‘rlsgarh, Raipur, Chha-H'isgarh. Collecl'or, Raigarh, Disfric‘l': Ralgarh, Chha'r‘rlsgarh. / 5. Execu‘rive Engineer, Public Works Deparfmen‘r, Raigarh, Chhaftisgarh, ‘ T OF DICATURE AT BILASPUR HHATTISGARH n (Pm N9. gf 2007 / , R c ah hh Versus / S h‘ K. ev 3é-1-2007 Shri V.C. Ottalwar and Shri F the petitioner. Shri Prashant Mishra, learnr‘2d Additional Advocate General for the $tate/resp0ndent3 Head. Earlier Vide order dated g-L hectares of iand situated at village College and the said land wae tre Some amount in construction of be Government. Thereafter Collector, non—satisfaction of the citizens of vfde order dated 1741-2005 (An land situated at Bendrac‘nuwa, f r establishment of Medical Coltege. Feeling aggrieved this Public Intere tLitigation (for brevity "PIL"), From petitioner’s own stat ment land situated at Bendrachuwa to 3 KMs from South Eastern B undary of Town of Raigarh whereae Loharsing is situated at o KMs aw y from Southern Boundary of Town of Raigarh. Land made available f r establishment of Medicai Coiiege at Loharsing was 10.117 hectaree .rhereas in Bendrachuwa it is 16.186 hectares i.e. 'l V2 time of the land eailier allotted for that purpose. 13 persons ali of a sudd n constituted one committee named Medical College Baohao Sang arsh Samiti, village Loharsing and Eajeev Shrlvaetava, learned counsel for '2062 Collector, Ratgarh marked 10.117 Loharsing for construction of Medical nsferred to the Department of Health. molary wall has also been spent by the Raigarh considering the dietance and Raigarh reconsidered the matter and exurenP/7) marked 16.186 hectares of XI—HC—22 WW Wan—o W L, OM 7/003” wt 200 War mm maFé'a manor—warm mwawm amm Division aench : Hon’bte a r V‘K. shrivastava & Hon’ble MrDhirendra MishragJJ material to consider that there is a any citizen or the order suffers from We are of the coneider’ed or withtn the ambit of PIL. even other in the poticy decision of the State institution that is in the interest of pL in the result the petition beir dismissed summarily and is ‘aosordi i Consequentl f Sdl- V.K.Shrivastava Judge M.(\1r/.).P.No.:‘s VL 1y infringement of fundamental right of any mafa fide. rinion that this is not virtuaiiy a petition wise there appears nothing to interfere r Government for establishment of an blicv ig devoid of substances deserves to be ngiy dismissed in limine. ' 25 of 2007 stands diseased of. Sd/- Dhirendra Mishra Judge i , ye ' a/7. (natm) XI—HC—22 saw, Wm,W ma"?ldih IL) ow /u§03r WW 1H 200 W man mm WW Wmwm ,Lz WW WW %3T%1¢311%3T authori3ed the present petitioner to fiie FIL. As a ream of that, the petitioner has wed the instant PIL. It ig fer the Government ta seéect whefe Govemment wan'is to estabiish Medicai Colie'ge‘s‘ and vh‘tuaily it is a matter of poiicy and Lmtii there is any infringement of right 0‘ any citizen or public or 'i'here appears any maia fide on the part of the Government-m) interierense in such matters is cailed for by the Court. Here ih the instant case if pubiio interest is viewed that. is apparentiy in establishing the Meiical Cotiege nearby the main city of Raigarh and that is the piece Bend'achuwa instead Loharsing. Even land for establishment of Medical College is sufhciently made available by the Sollector at Bendrachuwa in place of Loharsing. There is not an iota of