ANDHRA PRADESH HEALTH AND ADMINISTRATION MEDICAL SERVICES ASSOCIATION (AP HAMSA) v. THE STATE OF AP
WP/30661/2024 · 2026-04-20
Venkateswarlu Nimmagadda
body2024
DailyLaw.ai
[ 2024 DAILYLAW 1689 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2024 DAILYLAW 1689 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION NO.30661 OF 2024
ORDER:
1. This writ petition is filed under Article 226 of the Constitution of India seeking the following relief: <to issue a Writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not allotting the building for running a canteen at subsidized rates to the petitioner association, despite its recognition and approval by the HDS, as arbitrary, illegal and unconstitutional and declare the tender notification dated 08.12.2024 as null and void, insofar as it pertains to the building identified for the petitioner’s canteen and consequently direct the respondents to allot the identified building/shed in the hospital premises to the petitioner association for establishing and running a canteen on a <no gain, no loss= basis.=
2. Though the petitioner made several allegations against the respondents, during hearing, learned counsel for the petitioner requested this Court, without touching the merits of the case, to issue a direction to the respondents to dispose of the representation of the petitioner dated 15.04.2024. 3. Learned Assistant Government Pleader for Medical & Health furnished written instructions submitted by the Superintendent, SVRR Government General Hospital, Tirupati vide Rc.No.602/G2/2026 dated 21.04.2026, wherein it is submitted that the associations/ unions cannot demand as a matter of right for
NV ,J WP_30661_2024 2 allotment of shops for doing canteen business for the members in the premises of the hospital. It is only an obligation between the associations and management. However, a committee has been formed to identify the place for allotment to all the unions commonly to run the canteen. The action of the respondents is not arbitrary and not contrary to the principles of natural justice. The petitioner association is the junior most association when compared with other associations. It is further submitted that, as resolved in the HDS meeting convened on 18.10.2024 tenders have been called for on 08.12.2024. On the other hand, a committee has been formed to select the site for allotment to the unions commonly for running canteen jointly. The matter is under process. So far shops have not been allotted to any of the associations. Not only the petitioner’s association, the other associations have also been recognized by the government and they should also be given equal importance. The tender notification issued on 08.12.2024 do not undermine the welfare objective of the petitioner association as alleged in the writ petition.
A committee is formed to identify the site for allotment to the unions. The respondents have not ignored the earlier decision of the HDS. HDS committee re-examined the resolution and passed revised resolution in the same meeting to
NV ,J WP_30661_2024 3 allot one shop to all the associations commonly for running canteen. All the associations/unions, including the petitioner’s association was informed vide office Rc.No.4176/G2/2024 dated 16.12.2024 that a committee has been formed for identification of suitable site for allotment to all the associations commonly for running canteen jointly and further action will be taken basing on the decision of the HDS committee and the associations are not willing to run the common canteen for all associations. Further, learned Government Pleader readily agreed to dispose of the representation of the petitioner dated 15.04.2024, if any pending with the authorities. 4. In view of the submission of the learned Assistant Government Pleader for Medical & Health, I need not decide the truth or otherwise of the allegations made in the petition. This Court is conscious that no such direction be issued, in view of the
judgment of the Apex Court in <The Government of India v. P.Venkatesh1=, wherein the Apex Court held that such orders may make for a quick or easy disposal of cases in overburdened adjudicatory institutions. But, they do no service to the cause of justice. As the learned counsel for the petitioner himself requested to issue a direction to dispose of the representation dated
1 2019 (8) SCALE 544
NV ,J WP_30661_2024 4 15.04.2024, I find no other alternative except to issue such direction.
5. In the result, the writ petition is disposed of, directing Respondent Nos.2 & 4 to consider the representation of the petitioner dated 15.04.2024 and pass appropriate orders, after providing reasonable opportunity of hearing to the petitioner as well as other stakeholders, if any, within a period of six weeks from the date of receipt of copy of this order, in accordance with law.
6. Consequently, miscellaneous petitions pending, if any, shall also stand closed.
______________________________________ JUSTICE VENKATESWARLU NIMMAGADDA Date: 21.04.2026
SP