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2025 DAILYLAW 7255 (AP)

MANI HOSPITAL v. THE STATE OF ANDHRA PRADESH

WP/3815/2025 · 2025-02-12

K Manmadha Rao

body2025

Judgment text

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APHC010071262025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3310] WEDNESDAY ,THE TWELFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 3815/2025 Between: Mani Hospital ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. ARUN SHOWRI G Counsel for the Respondent(S): 1. GP FOR MEDICAL HEALTH FW The Court made the following Order: The Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief: “…..to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of Respondents No.2 and 3 in deactivating the Petitioner’s account in NTR Vaidya Seva Trust website without prior notice and without any reasons thereby denying access to upload patient details and treatment information and with-holding the amounts due to the Petitioner as illegal, arbitrary, highhanded and violative of fundamental rights guaranteed to the Petitioner under Articles 14, 19 and 21 of the Constitution of India and consequently to direct the Respondent No.2 and 3 to 2 activate the Petitioner’s login access into NTR Vaidya Seva Trust website enabling it to continue discharges and facilitate new admissions forthwith to release the amounts due to the Petitioner under NTR Vaidya Seva Scheme….” 2. Brief facts of the case are that the petitioner herein is a health care facility operating in D.No.9-37-11, Main Road, Narsipatnam, Anakapalli District-531116 and it provides various healthcare facilities including hospital, diagnostic centre, scan centre, clinical laboratories, X-ray and ECG clinics. The petitioner hospital has been duly recognized and empanelled under the NTR Vaidya Seva Scheme, enabling it to provide crucial medical services to eligible patients. This empanelment allows the hospital to treat patients covered by the NTR Vaidya Seva scheme and receive reimbursement for the service rendered, ensuring the financial viability of providing subsidized care. Initially, on 31.12.2019, the petitioner partnered with three others namely Maddipati Chaitanya Chowdary, Burugupalli Ranjit Kumar and Burugupalli Satya Teja to manage the hospital facilities and the petitioner’s partnership was 33% and the original partnership deed stipulated that Maddipati Chaitanya Chowdary would manage the firm’s bank accounts, including current accounts, credit facilities and term loans. On 20.05.2020, the partnership was restructured. The Maddipati Chaitanya Chowdary and Burugupalli Satya Teja continued as partners, while the petitioner and Burugupalli Ranjit Kumar were retired as partners. The business, encompassing hospitals, diagnostic centres, scan centres, clinical 3 laboratories, X-ray and ECG clinics, continued under the name “MANI ENTERPRISES”. On 30.12.2022, the petitioner and Maddipati Chaitanya Chowdary wrote a letter to the District Health and Medical Officer in Anakapalli, requesting to update the Managing Partner’s name to his name i.e., Kurasa Siva Krishna and to simplify the hospital’s name from Mani Hospitals (a unit of Mani Enterprises) to Mani Hospital. On 02.05.2024, the rental agreement was duly modified to reflect the petitioner’s name and Rayapureddy Sridhar as the authorized entities. Furthermore, a change of management was formally executed on 18.10.2024, resulting in the transfer of ownership and assets in petitioner’s favour, as acknowledged and confirmed by the 3rd respondent. While so, the petitioner’s Arogyasri portal was abruptly stalled from 31.01.2025, thereby disrupting the seamless operations of the hospital. This stalling had a devastating impact on patient care rendering the petitioner unable to admit new patients under the NTR Vaidya Seva scheme, which provides vital financial assistances to numerous patients. Aggrieved by the same, the present writ petition has been filed. 3. Heard Mr.G.Arun Showri, learned counsel for the petitioner; learned Assistant Government Pleader for Medical, Health and Family Welfare, for respondent No.1 and Ms.K.S.G.Padmavathi, learned Standing Counsel for respondent Nos.2 and 3. 4 4. On hearing, learned counsel for the petitioner reiterated the contents urged in the writ petition. Whereas, learned Standing Counsel vehemently opposed for grant of any relief in the present writ petition and submits that, a representation dated 29.01.2025 has been received by the trust from one M.Chaitanya Chowdary, duly informing that fraudulent activities are being taken place in the petitioner’s hospital and that the entire management records were changed without his consent and forged and fabricated the signatures and documents in an unauthorized manner by changing the account number with trust records under all schemes of trust and by withdrawing all the amounts in his name from the hospital account and that a Crime vide FIR.No.02 of 2025, dated 07.01.2025 on the file of Anakapalli Police Station, Narsipatnam Town for the offences punishable under Sections 420, 406, 408, 465, 468, 471, 506 read with 34 of IPC has been registered against the writ petitioner and others. She further submits that, in order to misuse of the services by the unauthorized persons, the services of the petitioner’s hospital were kept on hold by suspending the MEDCO Logins pertaining to 2nd respondent-trust only so that new patients may not be registered and however, the respondents have directed to treat and discharge the existing admitted patients with immediate effect. But the petitioner herein alleging that there are difficulties to the existing patients and 5 filed the present writ petition. Therefore, learned Standing Counsel requests this Court to pass appropriate orders. 5. Perused the record. 6. On a perusal of the material on record, this Court observed that, the petitioner has sent a mail to the respondents stating that “Previous case’s are admitted in our hospital. In these case’s few are ready for surgery today and few case’s surgeries have completed. Now patient want to get discharge from hospital, otherwise patients will be suffering for their Discharges and today’s surgeries, so I kindly request you to open NTR Vaidya Seva Trust Site for their discharges and we will not take new case’s for admission in NTR Vaidya Seva Trust.” 7. On considering the submissions of both the learned counsels and upon perusing the entire material on record, it appears that, the 3rd respondent has already directed the petitioner to hold the registration of new patients, but to treat and discharge the already admitted patients under all the schemes of Dr.NTRVST by all Arogyamithras working at Mani Hospitals, Narsipatnam, Anakapalli with immediate effect. Therefore, this Court is of the opinion that, the petitioner is at liberty to treat and discharge the already admitted patients under all the schemes of Dr.NTRVST by all Arogyamithras working at Mani Hospitals, Narsipatnam, Anakapalli. Further, if the respondents intend to take 6 any action against the petitioner, they must follow due process of law, providing an opportunity to all the parties. 8. With the above directions, the Writ Petition is disposed of, at the stage of admission, with the consent of both the learned counsels. No costs. 9. As a sequel, miscellaneous applications pending, if any, shall stand closed. _____________________________ Dr. K. MANMADHA RAO, J BMS