IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATUx'^'^jl (Special Original Jurisdiction) TUESDAY, THE TWENTY FIFTH DAY OF FEBRUARY Ms TWO THOUSAND AND TWENTY FIVE . PRESENT THE HONOURABLE DR JUSTICE K.MANMADHA RAO WRIT PETITION NO: 5017 OF 2025 0. o Between: rr ^ Venkateswara Rao, Aged about Occ Diet Contractor R/o. T-807, Mid Valley City^ Guntur District. 60 years Atmakur Mandal, ...Petitioner AND ^ Andhra Pradesh, Rep. by its Special Chief Secretary, Ama^o Family Welfare, Secretariat, Velagapudi Amaravathi, Guntur District, A.P. y^^uu., rommii7lPf Chairman, District Diet Management Committee, Government General Hospital, Vijayawada, NTR District. 3. The District Medical and Health Officer, Vijayawada Director and Member Convener JSayawala^'NTrDis^S NTR District. Hospital ...Respondents Petition under Article 226 of the Constitution of India the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue a Writ of mandamus praying that in may or any other appropriate writ or direction declaring the action of the Respondents in interfering with the dietary supply activities of the petitioner at the 4‘^ Respondent Hospital i.e.. Government General Hospital, Vijayawada as being illegal, arbitrary contrary to G.O.Ms.No.325 HM and FW (Ml) Dept. Dt.01.11.2011 and i utter violation of principles of natural justice and Articles in 14, 19(1)(g) and 21 of Constitution of India and consequently direct the Respondents not to take coercive steps to evict the petitioner from the kitchen premises of the 4‘^ Respondent Hospital i.e.. Government General Hospital, Vijayawada without following due process of law. 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 to direct the respondents not to interfere and disrupt the dietary services being conducted by the petitioner at the Respondent Hospital i.e.. Government General Hospital, Vijayawada pending disposal of the above Writ Petition. Counsel for the Petitioner: SRI SUDHIR MATTEGUNTA Counsel for the Respondents: GP FOR MEDICAL HEALTH FW The Court made the following order: APHC010096352025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3310] TUESDAY ,THE TWENTY FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 5017/2025 Between: ...PETITIONER K Suresh Babu AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1 .SUDHIR MATTEGUNTA Counsel for the Respondent(S): 1 .GP FOR MEDICAL HEALTH FW The Court made the following: ORDER This writ petition is filed under Article 226 of the Constitution of India for the following relief:- “...be pleased to issue a Writ of mandamus or any other appropriate writ or direction declaring the action of the Respondents in interfering with the dietary supply activities of the petitioner at the 4th Respondent Hospital i e Government General Hospital Vijayawada as being illegal arbitrary contrary to G O Ms No 325 HM and FW Ml Dept Dt 01 11 2011 and in utter violation of principles of natural justice and Articles 14 191g and 21 of Constitution of India and consequently direct the Respondents not to take coercive steps to evict the petitioner from the kitchen premises of the 4th Respondent Hospital i e Government General Hospital Vijayawada without following due process of law and pass 2. The case of the petitioner in brief is that the petitioner is a Diet Contractor supplying dietary provisions to government hospitals in Andhra Pradesh and Telangana. After participating in the January 2023 tender in terms of G.O.Ms.No.325, HM&FM (M1) Department, dated 01.11.2011 and G.O.Ms.No.309, HM&FM (H2) Department, dated 01.12.2022, he was awarded the diet contract for Government General Hospital, Vijayawada, for two years from 02.03.2023 and a caution deposit of Rs.5 lakhs was paid. Thereafter, as per the agreement and G.O.Ms.No.325, the petitioner submitted a representation on 07.01.2025 to the respondent No.4, requesting to extend the contract period of additional one year and the same was unanimously approved by the Hospital Dietary Management Committee 27.01.2025 and forwarded to the respondent No.2 and the same is pending consideration, but however, on 24.02.2025, the Respondent Nos.3 to 5 unlawfully interfered with diet supply, attempting to evict the petitioner and lock the hospital kitchen illegally, despite contract extension being under consideration. Aggrieved by the same, the petitioner filed the present writ petitioner. on Heard Mr. Mattegunta Sudhir, learned counsel for the petitioner and learned Government Pleader for Medical, Health and Family Welfare appearing for the respondents. 3. 4. On hearing, learned counsel for the petitioner submits that though the request of the petitioner to extend the contract period of additional year was unanimously approved by the Hospital Dietary Management one 3 Committee on 27.01.2025 and forwarded for approval on 13.02.2025, the respondent Nos.3 to 5 unlawfully interfered with diet supply and is trying to evict the petitioner, which is illegal, arbitrary and violative of principles of natural justice. Hence, the learned counsel for the petitioner requests to pass appropriate orders. Per contra, learned Assistant Government Pleader for Medical, Health and Family Welfare appearing for the respondents submitted that, the respondent authorities are not interfering with the petitioner’s business. 5. 6. Recording the above submissions, the respondents are directed to continue the petitioner and directed not to disturb the petitioner till the approval received from the respondent No.2. With the above directions, this Writ Petition is disposed of. There shall be no order as to costs. 7. As a sequel, miscellaneous applications pending, if any, shall also stand Sd/- K. TATA RAO DEPUTY REGISTRAR closed. //TRUE COPY// SECTION OFFICER 1. The Special Chief Secretary, Health Medical and Family Welfare, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravathi, Guntur District, A.P. 2. The Joint Collector and Chairman, District Diet Management Committee, Government General Hospital, Vijayawada, NTR District. 3. The District Medical and Health Officer, Vijayawada, NTR District. 4. The Superintendent cum Addl. Director and Member Convener, Hospital Dietary Management Committee Government General Hospital, Vijayawada, NTR District. 5. The Chief Dietician, Dept, of Dietetics, Government General Hospital, Vijayawada, NTR District. 6. One CC to Sri Sudhir Mattegunta, Advocate [OPUC] 7. Two CCs to GP for Medical Health & Family Welfare, High Court of Andhra Pradesh. [OUT] 8. Two CD Copies To, RAM HIGH COURT DATED;25/02/2025 ORDER WP.No.5017 of 2025 3: 2 8 FEB 2C25 Current Section DISPOSING OF THE WP WITHOUT COSTS