Dr. Vineet Kothari, J. - (1.) Heard learned counsel for the petitioners.
(2.) This writ petition is directed against the impugned order dated 07.03.2011 in Civil Misc. Case No.58/2011 by learned Civil Judge (Jr. Division), Pratapgarh, which has also been upheld by the learned appellate court below vide order dated 31.052011 passed in Civil Misc. Appeal No.3/2011 rejecting application filed by the plaintiffs-petitioners in a suit filed in representative capacity under Order 1 Rule 8, seeking injunction against the authorities of Government not to close down the existing Primary Health Centre of Gram Panchayat- Bardia, District Pratapgarh. The new Primary Health Centre has been constructed 1.5 kilometer away from the existing Primary Health Centre at Village Kajli under the resolution of the Gram Panchayat Bardia itself dated 21.07.2008 vide Annex.2.
(3.) Learned counsel for the petitioners-plaintiffs, Mr. S.L. Jain, urged that the plaintiffs are not against the setting up of a new Primary Health Centre at Village Kajli but in the garb of such new Primary Health Centre, the existing Primary Health Centre in Village Bardia, which is operating for last thirty years, should not be closed down.;