IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5257 of 2009 1. VISHWA NATH RAI, S/o late Shivnandan Rai, R/o Village – Malahi, P.O. Koriya, P.S. Bheldi, Distt. Saran at Chapra, 2. Devnandan Rai, S/o late Sama Rai, R/o Village – Kariya, P.S. Kariya, P.S. Bheldi, District – Saran, 3. Rameshar Rai, Son of late Jokhan Rai, R/o Village – Hakma, P.O. Tarwar, P.S. Bheldi, District – Saran, 4. Ram Ayodhya Rai, son of late Ram Jatan Rai, R/o Village – Hakma, P.O. Tarwar, P.S. Bheldi, Distt. – Saran, 5. Rajbalam Rai, son of late Jharokha Rai, R/o Village – Hakma, P.O. Tarwar, P.S. Bheldi, Distt. Saran, 6. Bhikhari Rai, son of late Shivnandan Rai, R/o Village – Hakma, P.O. Tarwar, P.S. Bheldi, Distt. Saran, 7. Sahdeo Rai, son of late Pachu Rai, R/o Village – Hakma, P.O. Tarwar, P.S. Bheldi, Distt. Saran, 8. Supan Rai, son of late Raghunandan Rai, R/o Village – Hakma Purva Tola, P.O. Tarwar, P.S. Bheldi, Distt. Saran, 9. Prabhu Mahto, son of late Jaga Mahto, R/o Village – Hakma, P.O. Tarwar, P.S. Bheldi, Distt. Saran, 10. Bharat Rai, son of late Panchi Rai, R/o Village – Hakma, P.O. Tarwar, P.S. Bheldi, Distt. Saran, 11. Chandrika Rai, son of late Shivnandan Rai, R/o Village – Hakma, P.O. Tarwar, P.S. Bheldi, Distt. Saran, 12. Sarvanandan Rai, son of late Ram Briksh Rai, R/o Village – Hakma, P.O. Tarwar, P.S. Bheldi, Distt. Saran, 13. Ram Prem Rai, son of late Ram Ratan Rai, R/o Village – Hakma, P.O. Tarwar, P.S. Bheldi, Distt. Saran, 14. Dharmnath Rai, son of late Bijuli Rai, R/o Village – Hakma Purvi Tola, P.O. Tarwar, P.S. Bheldi, Distt. Saran, 15. Shivpujan Prasad, Ex-Secretary, Zila Parishad Saran, son of late Ram Nagina Prasad Rai, R/o Village – Shikarpur, P.O. Tarwar, P.S. Bheldi, District – Saran, 16. Ram Lagan Mahto, son of late Harihar Mahto, R/o Village – Hakma, P.O. Tarwar, P.S. Bheldi, Distt. Saran, 17. Mangar Mahto, son of late Bhawani Mahto, R/o Village – Hakma, Bind Tola, P.O. Tarwar, P.S. Bheldi, Distt. Saran, 18. Lal Bahadur Rai, son of Late Kersi Rai, R/o Village – Hakma, P.O. Tarwar, P.S. Bheldi, Distt. Saran, 19. Ram Prasad Rai, son of Parmanand Rai, R/o Village – Hakma, P.O. Tarwar, P.S. Bheldi, Distt. Saran, 2 20. Ramnath Rai, son of Bhajal Rai, R/o Village – Hakma, P.O. Tarwar, P.S. Bheldi, Distt. Saran, 21. Pulish Rai, son of Juba Rai, R/o Village – Hakma, P.O. Tarwar, P.S. Bheldi, Distt. Saran, 22. Shivnath Rai, son of late Hisala Rai, R/o Village – Hakma, P.O. Tarwar, P.S. Bheldi, Distt. Saran, 23. Chandrika Rai, son of late Bhola Rai, R/o Village – Hakma, P.O. Tarwar, P.S. Bheldi, Distt. Saran 24. Dinesh Rai, son of late Ram Ayodhya Rai, R/o Village – Hakma, P.O. Tarwar, P.S. Bheldi, Distt. Saran 25. Lakhichand Pandey, son of late Shankar Pandey, R/o Village – Tarwar, P.O. Tarwar, P.S. Bheldi, Distt. Saran 26. Janaardan Prasad, son of late Ram Prasad Rai, R/o Village – Hakma, P.O. Tarwar, P.S. Bheldi, Distt. Saran …… Petitioners Versus 1. THE STATE OF BIHAR, 2. The Secretary, Health Department, Govt. of Bihar, Patna 3. The Secretary, Rural Works Department, Govt. of Bihar, Patna 4. The Civil Surgeon-cum-Chief Medical Officer, Saran at Chapra, 5. The Medical Officer, Primary Health Centre, Amnour, District Saran, 6. The District Magistrate, Saran at Chapra 7. The Block Development Officer, Amnour, District Saran and 8. The Circle Officer, Amnour, District Saran ……. Respondents. ----------- 5. 12.03.2010. The present Public Interest Litigation was filed questioning the decision to construct additional Primary Health Centre at Koreya. A prayer has been made to shift the construction of additional Primary Health Centre from Koreya to Hakma. This Court on an earlier occasion had directed the State Government to find out as to what level the constructions have been erected. The District Magistrate 3 concerned has submitted a report, the conclusion whereof is as follows: “About 75% of the work for the construction of the new building in Koreya is already complete. Decision to shift its location to Hamka will not be justified since lot of money has already been spent on the site and more over strategically both the locations are suitable for additional PHC. The nature of building in Hakma is residential and both the villages are within the same Gram Panchayat and distance between the two villages is about 2 KM. Therefore buildings which are located in Hakma can be very well used for the residential purposes by Medical Officer / Para Medical Staff & others staff posted in the Additional PHC. Therefore it is advisable to continue with the ongoing construction.” In view of the aforesaid we are of the considered opinion that there cannot be a direction at this point of time to shift the additional Primary Health Centre from Koreya to Hakma. The writ petition is accordingly disposed of. Dilip ( Dipak Misra, C.J. ) ( Mihir Kumar Jha, J. )