JUDGMENT 1. - Heard learned counsel for the petitioners. 2. This writ petition is directed against the impugned order dated 07.03.2011 in Civil Misc. Case No.58/2011 by learned Civil Judge (Jr. Division), Pratapgarh, which has also been upheld by the learned appellate court below vide order dated 31.052011 passed in Civil Misc. Appeal No.3/2011 rejecting application filed by the plaintiffs-petitioners in a suit filed in representative capacity under Order 1, Rule 8 , seeking injunction against the authorities of Government not to close down the existing Primary Health Centre of Gram Panchayat-Bardia, District Pratapgarh. The new Primary Health Centre has been constructed 1.5 kilometer away from the existing Primary Health Centre at Village Kajli under the resolution of the Gram Panchayat Bardia itself dated 21.07.2008 vide Annex.2. 3. Learned counsel for the petitioners-plaintiffs, Mr. S.L. Jain, urged that the plaintiffs are not against the setting up of a new Primary Health Centre at Village Kajli but in the garb of such new Primary Health Centre, the existing Primary Health Centre in Village Bardia, which is operating for last thirty years, should not be closed down. 4. He also drew the attention of the Court towards reply filed on behalf of defendants to the application for temporary injunction under Order 39, Rule 1 and 2 CPC, reading para 4 thereof, which clearly shows that for better facility of people of nearby villages viz. Magroda, Peelu, Gadola, Kajlikhera, Dabra Bardia etc. the said new Primary Health Centre was set-up after obtaining due sanction from the Collector vide order dated 20.08.2008. In pursuance of fund sanctioned by the State Government vide order dated 23.06.2008 Annex.2, by which Rs. 28 lacs were sanctioned for PHC situated at Bardia (at serial No.65 of Annex.2). Learned counsel for the petitioner submitted that same could be utilised only for the existing hospital buildings. 5. Having heard learned counsel for the petitioners, this Court does not find any force in the submissions made by the learned counsel for the petitioners-plaintiffs. The Government order dated 23.06.2008 (Annex.2) clearly speaks of financial/administrative sanction for taking up new hospital building/repairs/renovation work for existing hospital, and thus the said sanction was even for new hospital buildings and, therefore, new Primary Health Centre was constructed by spending Rs. 28 lacs under the orders of the learned Collector dated 20.08.2008. 6. The Government order dated 23.06.2008 (Annex.2) clearly speaks of financial/administrative sanction for taking up new hospital building/repairs/renovation work for existing hospital, and thus the said sanction was even for new hospital buildings and, therefore, new Primary Health Centre was constructed by spending Rs. 28 lacs under the orders of the learned Collector dated 20.08.2008. 6. For the reasons given in the said reply of the defendants as well as impugned orders, this Court concurs with the view expressed by the learned courts below that sovereign decision taken by the Gram Panchayat as to at which place, the primary health center should be established cannot be interfered with by the Court of Law. There is no iota of whisper in any of the pleadings that existing Primary Health Centre at Bardia is directed to be closed down. On the other hand, as per resolution of the Gram Panchayat-Bardia itself, a copy whereof is Annex-3 dated 21.07.2008 (Resolution No.9) was taken by the Gram Panchayat-Bardia to get Primary Health Centre at Village Kolviphanta, Village Kajli, and the said new Primary Health Centre is only 1.5 kilometer away from the existing PHC, Bardia which has been recently constructed by spending Rs. 28 lacs. To this Court, it appears that said representative suit has been filed possibly to settle the political score against the elected representatives in the Gram Panchayat; and under the garb of that, a restraint or injunction has been sought against them not to shift or close down the existing primary health center. Since, as aforesaid as it was a sovereign decision duly taken by the Gram Panchayat itself and under the orders of the Collector, a new Primary Health Centre has already been constructed, therefore, the learned courts below were justified in rejecting the application for temporary injunction, filed by the plaintiffs 7. In view of above discussion, the present writ petition being devoid of merit fails and the same is hereby dismissed. No costs. A copy of this order be sent to the opposite parties and learned trial court forthwith.Petition dismissed. *******