A P J SANGH Vs. STATE

JUDGEMENT

(1.) The Anchalika Pallibikash-Jubak Sangh at Khanati through its General Secretary has in this writ application challenged Annexure-7, the decision of the State Government, for establishment of an Ayurvedic dispensary at Kadaba and not at Khanati for which a demand had been raised by the villagers.

(2.) As has been submitted before us by Dr. Dash, for the petitioner and Mr. R.K. Patra, the learned Additional Government Advocate, there are no statutory provisions governing the establishment of such dispensaries and giving guidelines as to their locations. The Collector, Puri (opposite party No. 2) had recommended for establishment of this dispensary at Khanati and had reiterated his recommendation to a further query made by the State Government, but after due consideration of the claims of and objections from all quarters, the State Government decided to establish the dispensary at Kadaba. No constitutional mandate has been infringed nor any statutory provision has been violated. No decision had been taken by the State Government for establishing any dispensary at Khanati and not at Kadaba and, therefore, the doctrine of estoppel does not arise.

(3.) In the case reported in ILR (1977) 1 Cut 819 Lokanath Rout v. State of Orissa to which reference had been made by the learned counsel for the petitioner, this Court, having taken into consideration the statutory violations, issued a direction for the establishment of a school at a particular place. Such a question does not arise in the case before us.