DAITARI MUDULI Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE petitioners have approached this Court with the following prayers.

(2.) UNDISPUTED , the State Government by its Order dated 30.11.1989 decided to establish a new P.H.C. at village Ratanpur of Astarang Block in the district of Puri, subject to fulfillment of the conditions that (a) the local people should provide minimum one acre of land duly pledged in favour of the Panchayat Samiti for the Medical Institution as per G.O. No. 25681/H, dated 23.7.1988; (b) the villagers should provide buildings for the medical institution as well as for the staff in Paragraph 3 of the aforesaid letter it is clearly stipulated that if the above conditions were not fulfilled by the local people within six months from the date of issue of the order, Government allocation for the proposed medical institution will be cancelled and such institution will be allotted to another place in the same Block. The Petitioner No. 1 purportedly gifted Sabik Plot No. 750 (Hal Plot No. 1263) of Khata No. 260 said to be measuring an area of Ac. 1.000 of land as required in the sanction order. The petitioner further claimed that six rooms with asbestos roof were constructed for the purpose. It is, therefore, contended by the Learned Counsel that since the conditions were fulfilled, the State Government could not have taken a decision to cancel the allotment or shift the P.H.C. to another place within the Block.

(3.) THE petitioners having failed to fulfill the terms and conditions for establishment of the P.H.C. within the stipulated period of six months, the decision of the Government in shifting the P.H.C. is neither illegal nor arbitrary. It appears that in course of hearing for admission, the Learned Addl. Government Advocate was directed to obtain instruction as to if the Government is inclined to re -consider the matter, but the Learned Addl. Government Advocate, on instruction submits that on consideration, the Government is not inclined to take a different view and allow the P.H.C. on the encroached land.