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2025 DAILYLAW 30180 (AP)

DUNNA BALA KOTAIAH v. THE STATE OF ANDHRA PRADESH

WP/22599/2025 · 2025-08-29

Kiranmayee Mandava

body2025

Judgment text

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APHC010434272025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) SATURDAY, THE THIRTIETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 22599 OF 2025 u Between: Dunna Bala Kotaiah, S/o George, Aged aboutSS yrs, 8-63-5-6, Thallayapalem Mandadam, Thullur mandal, Guntur, Andhra Pradesh-522503 ...Petitioner AND 1. The State of Andhra Pradesh, Rep by its PrI Secretary Medical Health and Family Welfare Department, Secretariat, Velagapudi, Amaravati. 2. The Regional Director of Medical and Health Services, Zone III Guntur, Guntur District, A P, 3. Superintendent, Government General Hospital, Guntur. ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue any writ order or Direction more particularly one in the nature of writ of Mandamus that the Petitioner aggrieved by the inaction of the official Respondents by not furnishing the medical case papers of the Petitioner and subsequently the Respondents not considered the Petitioner's representation dated 14-8-2025 that requested to provide the pertaining to the treatment and entire medical records surgery on 1-8-2025 to the Petitioners head injury and also X rays and medicine prescriptions and also treatment and I surgery details from 3-8-2025 to the Petitioners left but violation of Articles 14, 21 violation of Indian Medical Council Ethics) Regulations, 2002 and I copies of medical case papers to the Petitioner. IA NOi1OF 2025 hand and which is nothing of the Constitution of India and also the (Professional Conduct, Etiquette and consequently direct the Respondents to furnish Petition under Section 151 CPC praying that in the circumstances stated ! High Court may be pleased to the Petitioner's representation dated: case papers to the Petitioner pending in the affidavit filed in support of the petition, the direct the 3rd respondent to consider 14-8-2025 and supply the total medical disposal of the above writ petition. Counsel for the Petitioner: SRI ANKALLA Counsel for the Respondents: GP FOR MEDICAL The Court made the following order: PRUDHVI RAJ HEALTH FW APHC010434272025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] SATURDAY, THE THIRTIETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 22599 OF 2025 Between: 1.DUNNA BALA KOTAIAH, S/0 GEORGE, AGED ABOUT58 YRS, 8-63- 5-6, THALLAYAPALEM, MANDADAM, THULLUR MANDAL, GUNTUR, ANDHRA PRADESH-522503 ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP BY ITS PRI SECRETARY MEDICAL HEALTH AND FAMILY WELFARE DEPARTMENT SECRETARIAT, VELAGAPUDI, AMARAVATI. 2.THE REGIONAL DIRECTOR OF MEDICAL AND HEALTH SERVICES, . ZONE III GUNTUR, GUNTUR DISTRICT, A P. 3.SUPERINTENDENT, GOVERNMENT GENERAL HOSPITAL, GUNTUR. ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased topleased it is hereby prayed that this Honble Court may be pleased to issue any writ order or Direction more particularly one in the nature of writ of Mandamus that the Petitioner aggrieved by the inaction of the official Respondents by not V furnishing the medical case papers of the Petitioner and subsequently representation dated 14-8-2025 that requested to provide the entire medical records pertaining to the treatment and surgery on 1-8-2025 to the Petitioners the Respondents not considered the Petitioner's ir head injury and also X rays and medicine prescriptions and also treatment and surgery details from 3-8-2025 to the Petitioners left hand and which is nothing but violation of articles 14, 21 of the Constitution of India and also the violation of Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002 and consequently direct the Respondents to furnish copies of medical case papers to the Petitioner and to pass lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased representation dated: 14-8-2025 and supply the total medical case papers to the Petitioner pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1. AN KALLA PRUDHVI RAJ Counsel for the Respondent(S): 1.GP FOR MEDICAL HEALTH FW to direct the 3rd respondent to consider the Petitioner's A % THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 22599 OF 2025 The Court made the following order; Heard Sri Ankalla Prudhvi Raj, learned counsel for the petitioner and learned Assistant Government Pleader for Medical Health and Family Welfare appearing for the respondents. With the consent of both the learned counsel, the writ petition is disposed of at the stage of admission. The petitioner's grievance is that the 3rd respondent, the Hospital, is not furnishing the medical records, despite the petitioner having made an oral request. It is stated that the petitioner submitted a representation dated 14.08.2025 to the 3rd respondent, the Hospital. However, the respondents have not yet been issued. Aggrieved by this, the petitioner has approached this Court through the present writ petition. 2. Learned Assistant Government Pleader for Medical, Health and Family Welfare appearing for the respondents would submit that the petitioner did not personally approach the hospital requesting for the medical records. Someone representing on behalf of the petitioner i.e., petitioner’s advocate, approached the hospital. Since the identity of the petitioner could not be verified, the hospital did not furnish the medical records. 3. Learned Assistant Government Pleader further submits that if the petitioner personally approaches the respondents, the necessary medical records will be furnished to the petitioner. 4. t; 5. Having regard to the submissions made, this Court deems it appropriate dispose of the writ petition by granting liberty to the petitioner to approach the 3rd respondent in person and submit a representation seeking copies of the medical record relating to the alleged hospitalisation. Upon receipt of such representation, the 3rd respondent is directed to furnish the medical records sought by the petitioner within a period of three (3) days thereafter, the above observation, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall also stand to as 6. With closed. Sd/- P.VINOD KUMAR ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Medical Health and Family Welfare Department, Secretariat, Velagapudi, Amaravati. 2. The Regional Director of Medical and Health Services, Zone III Guntur, Guntur District, A P. 3. The Superintendent, Government General Hospital, Guntur. 4. One CC to Sri Ankalla Prudhvi Raj Advocate [OPUC] Two CCs to GP for Medical Health & FW, High Court of Andhra Pradesh [OUT] 6. Two CD Copies 5. TF I? HIGH COURT DATED:30/08/2025 ORDER WP NO. 22599 OF 2025 I 15 S£P 2025 ^ Current Section ^ m; r.'sssn.-'"*' DISPOSING OF THE W.P., WITHOUT COSTS