APHC010111632023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] FRIDAY, THE FOURTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 5633/2023 Between: 1. MOHAMMAD BASHA, S/O. M.D.ALI AGED ABOUT 35 YEARS, OCC PHARMACIST, GRADE-II, 0/O. PHC, BANDALUPPI, PARVATHIPURAM MANYAM DISTRICT (OLD VIZIANAGARAM DISTRICT) ANDHRA PRADESH. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP., BY ITS PRINCIPAL SECRETARY, HEALTH, MEDICAL AND FAMILY WELFARE DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE COMMISSIONER, HEALTH, FAMILY WELFARE, ANDHRA PRADESH MANGALAGIRI, GUNTUR DISTRICT 3. THE REGIONAL DIRECTOR OF MEDICAL AND HEALTH, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT, AP 4. THE DISTRICT MEDICAL AND HEALTH OFFICER, VIZIANAGARAM DISTRICT, VIZIANAGARAM, AP ...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 to issue a Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the 4th respondent in issuing Progs.No. /2022 dt.18-12-2022 wherein rejecting the request of petitioner to transfer from Agency Area to Plain Area is illegal, arbitrary, unjust and contrary 2 to Rules envisaged in Clause 3 of G.O.Ms.No.64, Finance (HR.I.PLG.AND POLICY) Department, dt.21-04-2017, Clause II of G.O.Ms.No.45, Finance (HR.PLG.AND POLICY) Department dt.24- 06-2019 and Clause 2 (I) AND (II) of G.O.Rt.No.262, Health, Medical AND Family Welfare (B1) Department, dt.01-07-2019 and G.O.Rt.No.40, Health, Medical and Family Welfare (B1) Department dt.28-01-2022 and consequently set aside the proceedings Rc.No.251/E2/E5/2022 dated 26-03-2022 of the 4th respondent by directing the respondents to consider the case of petitioner for transfer/deployment from Agency Area to Plain Area in any existing Vacancies and pass such other order. IA NO: 1 OF 2023 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 to direct the respondents to consider the case of petitioner for transfer/ deployment from Agency Area to Plain Area in any existing Vacancies, pending disposal of the main writ petition and pass such other order. IA NO: 2 OF 2023 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 to grant leave to the respondents to file counter affidavit in W.P.No.5633 of 2023 and to dismiss the writ petition and to pass IA NO: 3 OF 2023 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 to receive the Reply copy on record by allowing the leave petition in W.P.No.5633 of 2023 and to pass such other order. Counsel for the Petitioner: 1. JADA SRAVAN KUMAR Counsel for the Respondent(S): 1. GP FOR SERVICES IV The Court made the following: 3 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.5633 of 2023 ORDER: 1. At the time of hearing, the learned counsel for the Petitioner seeks permission of this Court to withdraw the Writ Petition with a request to grant liberty to the Petitioner to file fresh Writ Petition. 2. Permission is accorded. 3. Accordingly, the Writ Petition is dismissed as withdrawn granting liberty to the Petitioner to file Writ Petition afresh. 4. No order as to costs. 5. As a sequel, miscellaneous petitions, pending if any, shall stand closed. ________________________ JUSTICE NYAPATHY VIJAY Date: 14.11.2025 IS 4 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.5633 of 2023 Dated: 14.11.2025 IS