HIGH COURT OF UTTARAKHAND
ARTI – Appellant
Versus
STATE OF UTTARAKHAND – Respondent
WPMS 3407 / 2025
Office Notes, reports, orders SL. or proceedings Date COURT’S OR JUDGE’S ORDERS No. or directions and Registrar’s order with Signatures WPMS/ 3407/ 2025 Hon’ble Manoj Kumar Tiwari, J.
Mr. Niranjan Bhatt, Advocate for the petitioners.
Mr. Suyash Pant, Standing Counsel for the State.
2. There is a Government Hospital at Uttarkashi, which needs to be upgraded to cater to the needs of the town.
3. Since the land earmarked for hospital was found to be inadequate for constructing Critical Care Unit and district administration decided to take part of land allotted to Government Inter College, abutting the hospital, for the purpose. The Critical Care Unit, however, was constructed elsewhere and it is now decided to construct residential accommodation for Doctors over the land which was originally taken for constructing Critical Care Unit. Petitioners have challenged the said decision in this writ petition.
4. Petitioner No. 1 claims to be President of Parents-Teachers Association. Petitioner No. 2 contends that his grandfather donated the land for establishment of Government Inter College.
5. Learned State Counsel is right in submitting locus standi that petitioners do not have any to challenge the decision taken by District Administration.
6. Since Education and Health are wings of State Government, therefore State Government in public interest can transfer land from one department to another. As President of Parent Teacher Association, petitioner No. 1 can look after the academic activity in the school; however, that does not entitle her to challenge the decision taken by District Administration or the State Government regarding use of land.
7. Similarly, petitioner No. 2 does not have any locus standi as the gift, if any, made by his forefathers has extinguished, whatever title his family had, and now he is left with no right to question the decision taken by Administration.
8. State Government is the custodian of public good and wisdom of the decision taken by State Government or District Administration cannot be questioned in a writ petition, especially when the decision is aimed at augmenting medical facilities in remote hill towns of State of Uttarakhand. 9. The writ petition fails and is dismissed.
(Manoj Kumar Tiwari, J.)
09.12.2025 Mahinder/
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