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2025 Supreme(Raj) 2526

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
PUSHPENDRA SINGH BHATI, SANDEEP TANEJA, JJ.  
Shubham, S/o. Balwan Poonia – Petitioners 
Versus 
State Of Rajasthan, Through The Secretary – Respondents 
D.B. Civil Writ Petition No. 2639 of 2025 Connected With D.B. Civil Writ Petition No. 3758 of 2025, D.B. Civil Writ Petition No. 12021 of 2025, D.B. Civil Writ Petition No. 15450 of 2025
Decided On : 04-11-2025

Advocates Appeared:
For the Petitioners: Mr. Moti Singh, Mr. R.S. Choudhary, Mr. Manjeet Godara, Mr. Sumer Singh Gour Mr. Harshvardhan Thanvi., Adv.
For the Respondents: Mr. N.S. Rajpurohit, AAG with Ms. Aditi Sharma Dr. Navneet Sharma, CMHO, Hanumangarh present in person. Mr. Pawan Kumar, Executive Officer, Nagar Palika, Bhadra present in person.

The decision of the State Government to construct a Sub-District Hospital on privately gifted land was upheld as compliant with statutory norms and in the public interest, emphasizing the significance of accessibility and proper planning.

Headnote:(A) Constitution of India - Article 226 - Public Interest Litigation regarding establishment of Sub-District Hospital - Petitioners challenged the selection of site for hospital construction on privately gifted land versus government land. Court emphasized adherence to statutory processes and public welfare considerations. (Paras 1, 2, 6, 12)

(B) Master Plan Compliance - Court found that the proposed construction location complied with the Master Plan and was justified in the public interest. (Paras 10, 11)

Facts of the case:
Petitioners opposed the state’s decision to construct the Sub-District Hospital on privately donated land instead of utilizing previously allocated government land. Each writ petition raised concerns about site adequacy, planning compliance, and public resource management.

Findings of Court:
The Court upheld the state’s decision, asserting that the donated site met technical and accessibility requirements for a Sub-District Hospital, dismissing concerns of arbitrariness.

Issues: Whether to utilize the existing Community Health Centre (CHC) for hospital construction; legality and appropriateness of the chosen site versus government land; adherence to master plan regulations.

Ratio Decidendi: Judicial interference in public project decisions is limited to manifest violations; administrative discretion remains unless proven arbitrary. The decision to construct on donated land was deemed necessary for public welfare, given accessibility and compliance with health standards.

Result: Writ petitions dismissed, allowing the state to proceed with the construction.

Table of Content
1. relief sought in writ petitions regarding sub-district hospital (Para 1 , 2 , 3)
2. arguments against moving hospital site to private land (Para 4 , 5)
3. court's analysis of site selection for sub-district hospital (Para 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13)
4. decision on legality and public interest of proposed hospital site (Para 14 , 15)
5. conclusion and dismissal of writ petitions (Para 16)

Judgment :

Pushpendra Singh Bhati, J.

1. These writ petitions (PIL) have been preferred under Article 226 of the Constitution of India, claiming the following reliefs:

Writ Petition No. 2639/2025

“It is, therefore, most humbly and respectfully prayed that this Writ Petition may kindly be allowed and by an appropriate writ, order or direction;

(i) The respondents may kindly be restrained from constructing the Sub District Hospital, Bhadra at Patwar Halka Ramgadiya, Jogiwala, Bhadra.

(ii) The respondents may kindly be directed to demolish the old CHC, Bhadra and construct the new Sub District Hospital at that place only in pursuance of the work order (Annex.4).

(iii) Any other appropriate relief which this Hon’ble High Court deems just and proper may kindly be granted in favour of the petitioner.

(iv) Costs of the Writ Petition may kindly be awarded to the Petitioner.”

Writ Petition No.3758/2025

“It is, therefore, humbly and respectfully prayed that this writ petition of the petitioner may kindly be allowed:

(a) by an appropriate writ, order or direction the communication dated 07.01.2025 (Annex.16) may kindly be declared highly arbitrary, unjust and same may kindly be quashed and set aside.

(b) The respondent authorities may kindly be directed to construct the new building for Sub District Hospital, Bhadra District Hanumangarh over the land of Khasra No.139/117 measuring 3.036 hectares allotted by the District Collector vide order dated 19.12.2024.

(c) The respondent authorities may kindly be restrained from constructing the new building of Sub District Hospital at the present land of CHC as well as the land of Square No.57 of Chak 10 Barani gifted by the private persons.

(d) Any other appropriate writ, order or direction which this Hon’ble Court deems just and proper may kindly be passed in favour of the petitioners.

(e) Writ Petition filed by the petitioners may kindly be allowed with costs.”

Writ Petition No. 12021/2025

“It is, therefore, prayed that this Writ Petition of the petitioners may kindly be allowed and the Hon’ble Court may be pleased by an appropriate writ, order or direction:

A/ The respondent State authorities may kindly be directed to construct and established the sub district hospital, Bhadra as per the mandate of master plan 2010- 31 and the land which is already earmarked in the master plan notification dated 31.05.2012 of Town Bhadra, District Hanumangarh.

B/ That the order dated 19.12.2024 (Annex.-9) passed the District Collector Hanumangarh for allotment the land at Village Dhani Khokhran, Tehsil Bhadra, as well as the order dated 07.01.2025 (Annex-11) passed by the District Collector Hanumangarh for construction of the Sub District Hospital Bhadra upon the 16000 sq. mtrs may kindly be quashed and set aside.

C/ The Respondent authorities may kindly be directed to ensure the compliance of the circular dated 04.08.2022 (Annex-8) issued by the Department of Medical and Health, Government of Rajasthan, Jaipur and ensure the construction of the building of the Sub District Hospital, Bhadra upon the land with the minimum requirement of the 28500 sq. mtrs area which is already reserved in the master plan as 8.8 acre.

D/ Any other appropriate writ, order or direction which this Hon’ble Court deems just and proper may kindly be passed in favour of the petitioner.

E/ Writ Petition filed by the petitioner may kindly be allowed with costs.”

Writ Petition No. 15450/2025

“It is, therefore, humbly and respectfully prayed that this writ petition of the petitioner may kindly be allowed:

(a) That the impugned communication dated 07.01.2025 ma

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