In Sanjit Kumar vs. The State of Bihar through the Principal Secretary, Panchayati Raj Department, Government of Bihar & Ors. (2025), Patna High Court's Division Bench of Justice Vipul M. Pancholi led bench passed a 6-page long judgement date August 1, 2025. Justice Pancholi's 10th judgement as chief justice dismissed the petition.
Justice Pancholi concluded: 'Having heard learned counsels appearing for the parties and having gone through the materials placed on record, it transpires that the District Magistrate, Aurangabad has written a letter to respondent no. 3 on 27.10.2024, wherein, it has been pointed out in detail about the Primary Health Centre as well as Health Centres situated in the nearby area and the distance between the Sadar Hospital and such Health Centres. However, in the said letter itself, it has been pointed out that on NH-19 between Gaya to Kaimur, there is no Trauma Centre. Number of accidents are taking place on the said Highway and, therefore, it is necessary to construct a Trauma Centre on NH-19. Pursuant to the said communication, decision has been taken to construct Trauma Centre at the land in question. We are of the view that when the authorities have taken the decision keeping in view the relevant aspects in public interest, it is not open for this Court to interfere with such decision. Accordingly, in the facts and circumstances of the case, we are not inclined to entertain the present petition. The petition stands dismissed.'
The petitioner who is the resident of village Karhara, Post-Kanbehari, under Gram Panchayat Ora, Aurangabad had filed the Public Interest Litigation. The main contention of the petitioner in the petition was that the matter relates to land pertaining to Khata No. 59, Plot No. 597 ad-measuring 4.08 acre under Mauza – Karhara, Thana No. 866, Gram Panchayat Ora, Aurangabad. It was the case of the petitioner that the said land was used by villagers of the Panchayat. The Circle Officer, Aurangabad, issued a general notice intimating to the public at large about the decision of the administration to transfer 30 decimal of land under Khata No. 59, Plot No. 597, i.e. the land in question for construction of Trauma Centre. The concerned authority invited objection from the general public till October, 2024. In response to this notice issued by the authority, the meeting of general body was convened on September 12, 2024.
The Gram Panchayat Ora convened the said meeting in which the agenda was to consider the recommendation of the land in question by the Circle Officer for the purpose of construction of Trauma Centre. In the said meeting, it was unanimously decided that Vivah Mandap would be constructed over the land in question and NOC would not be given to the Health Department for construction of Trauma Centre over the land in question. It was further case of petitioner that in the light of the objection of the village people, the District Magistrate, Aurangabad in its letter dated October 27, 2024 wrote to the Managing Director, Bihar Medical Services and Infrastructure Corporation Ltd., the respondent no. 3, wherein, it was mentioned that number of accidents were taking place in the district Aurangabad and, therefore, Trauma Centre was required to be constructed on NH-19. Similar type of letter was written by the District Magistrate, Aurangabad on November 12, 2024 communicating the aforesaid aspect to the Additional Chief Secretary, Health Department. It was conveyed by the said communication that the land in question was earmarked for the purpose of construction of Trauma Centre. The grievance of the petitioner was that the representation was made by the villagers of Gram Panchayat on January 7, 2025, wherein, they pointed out about the aspect of construction of Trauma Centre in the area of the concerned village Panchayat for the reasons stated in the said communication/representation. However, the respondent authority did not take any decision on the said representation made by the village people.
The petitioner had filed the present writ petition, wherein, he prayed that appropriate direction be issued to the respondents whereby the respondents be restrained from constructing Trauma Centre over the land in question. It was further prayed that the suitable alternative land be allotted for construction of Trauma Centre. It was also prayed that the respondents be directed to stop the construction of Trauma Centre during the pendency of the present writ petition.
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