PANKAJ KUMAR PATRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) Heard learned counsel for the petitioner and the learned Addl. Government Advocate.

(2.) In this public interest litigation, the petitioner who is a resident of village-Barabatia has sought for an order/direction to the opposite parties to post doctor (s) and other allied medical staff in the Jalsoharia Primary Health Centre (new) (for short 'the P.H.C.') within a stipulated time.

(3.) The petitioner's case is that the said village-Jalsoharia is situated in the district of Balasore and is under Soharia Panchayat having a population of more than five thousand people. The village is situated adjacent to the boundary between the State of Orissa and West Bengal and is surrounded by other Panchayats, population of which would be more than twenty thousand. There is no P.H.C. to cater to the minimum basic medical treatment of the Soharia Panchayat as well as other surrounding Grama Panchayats. A move having been made by the local public, the State Government accepted donation (gift) of piece of land with a building constructed thereon in the year, 1994 in presence of the Minister, Health and Family Welfare and Minister, Panchayati Raj. The P.H.C. in the said donated building was, as a matter of fact, inaugurated on 15.10.1994 and named as "Primary Health Centre (new) Jalsoharia". The photographs of the said structure have been appended to the writ petition as Annexure-1 series. It is alleged by the petitioner that after inauguration of the said P.H.C., no doctor or other staff have been provided by the State. In April, 1997, the Chief District Medical Officer-opposite party No.3 has written a letter under Annexure-2 to the writ petition to the Sub-Registrar, Bhograi for exemption of stamp duty on the gift deed to be executed by the donor in favour of the State in respect of the land along with the P.H.C. building standing thereon.