WP/21833/2007 of Thummala Surender Reddy Vs The Principal Secretary, Government of Andhra Pradesh, on 26 December 2008

IN THE HIGH COURT OF JUDICATURE, ANDHRAPRADESH AT HYDERABAD

FRIDAY, THE TWENTY SIXTH DAY OF DECEMBER TWO THOUSAND AND EIGHT

PRESENT

HON'BLE SRI ANIL R. DAVE, THE CHIEF JUSTICEAnd HON'BLE SRI JUSTICE R.SUBHASH REDDY

WRIT PETITION NO : 21833 of 2007

Between:

Thummala Surender Reddy S/o.Anantha ReddyR/o.Boddugudem village, Ramannapeta Constituency, NalgondaDistrict.

..... PETITIONER

AND

1 The Principal Secretary, Government of Andhra Pradesh, HealthMedical andMedical and Family Welfare (M1) Department.

2 The Commissioner of A.P. Vaidya Vidhana Parishad, Hyderabad.

3 The Medical Officer of Community Health Centre, Ramannapeta, Nalgonda District.

.....RESPONDENTS

Petition under Article 226 of the constitution of India praying thatin the circumstances stated in the Affidavit filed herein the High Courtwill be pleased to issue a writ, order or direction more particularly one inthe nature of Writ of Mandamus declaring the action of the rd respondentin proposing to construct the shopping complexes in GovernmentHospital Land at Ramannapeta, Nalgonda District is illegal, arbitraryand unconstitutional and consequently direct the rd respondent to stopthe proposals for the construction of the shopping complexes inGovernment Hospital Land at Ramannapeta, Nalgonda District and topass such other order or orders.

Counsel for the Petitioner : MR.T.KISTAIAH

Counsel for the Respondents: GP FOR MEDICAL HEALTH & FAMI.WELFARE

ORDER:(Per Hon’ble Sri Anil R.Dave, CJ)

The learned advocate for petitioner is absent.

This is a public interest litigation wherein it has beenprayed that respondent No.3 be prevented from putting upconstruction of a shopping complex in the Governmenthospital land at Ramannapet, Nalgonda District.

It has been submitted in the writ petition that by virtueof G.O.Ms.No.163, dated 26[th] May 2007, the Governmenthas taken a policy decision that no Hospital DevelopmentSociety will have any authority to sell, dispose, mortgage,lease-out or rent-out or alienate in any manner, any part ofthe hospital building or land belonging to the hospital underany circumstances. In the circumstances, it has beensubmitted that the action of respondent No.3 with regard toputting up construction and building shopping complex isillegal, and, therefore, it must be prevented.

In pursuance of notice issued by this Court,respondent No.3 has filed his counter, stating that 47 shopsare to be constructed in the premises of the hospital inquestion and according to him, by virtue of G.O.Ms.No.199,dated 23[rd] May 2006, it is open to the 3[rd] respondent to utilize the open land in the hospital premises to generatefunds to the hospital. It is submitted that at present theconstruction is over and the shopping complex is leasedout in accordance with G.O.Ms.No.199.

The learned advocate appearing for respondent No.3has submitted that G.O.Ms.No.163, dated 26[th] May 2007 isnot applicable to non-teaching hospitals managed underthe Andhra Pradesh Vaidya Vidhana Parishat Act of 1986.

Looking to the above fact, we are of the view that theaction of respondent No.3 with regard to constructing shopsand leasing the same so as to generate income for thehospital in question is neither illegal nor improper.

In the circumstances, we do not find any substance inthe writ petition, which is accordingly rejected.

_________________

ANIL R. DAVE, CJ

26[th] December 2008

______________________

R. SUBHASH REDDY, J

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