APHC010213352025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] FRIDAY,THE TWENTY THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 11072/2025 Between: 1. LOKANADHAM SANYASI RAO @ MAHESH, CHANDRASEKHAR RAO, AGED ABOUT 44 YEARS, R/O KOTHA VEEDHI, GARBHAM VILLAGE, MERAKAMUDIDAM MANDALAM, VIZIANAGARAM - 535 102. PHONE NO. 9542729293, EMAIL ID. NIL, AADHAAR NO. 2471 8387 5276. 2. DEEPALA @ LOKANADHAM YAMUNA, , W/O D. POORNA RAO, D/O LOKANADHAM SANYASI RAO, AGED ABOUT 19 YEARS, R/O KOTHA VEEDHI, GARBHAM VILLAGE, MERAKAMUDIDAM MANDALAM, VIZIANAGARAM - 535 102. PHONE NO. 9032251457, EMAIL ID. NIL, AADHAAR NO. 5129 1325 4972. ...PETITIONER(S) AND 1. THE DISTRICT HEALTH AND MEDICAL OFFICER, OFFICE OF THE DISTRICT HEALTH AND MEDICAL OFFICER, OPP. APSRTC BUS STAND, PARVATHIPURAM MANYAM DISTRICT 535 501. 2. DIRECTORATE OF PUBLIC HEALTH AND FAMILY WELFARE, REP. BY ITS DIRECTOR, REGD. OFFICE AT D. NO.. 189, 2ND FLOOR HIMANGA TOWERS, NTR MARG, LIC COLONY, B - BLOCK, GOLLAPUDI, VIJAYAWADA - 521 225. 3. ANDHRA PRADESH MEDICAL COUNCIL, , REP BY ITS SECRETARY, REGD. OFFICE AT 2ND FLOOR, DR. N.T.R. UNIVERSITY OF HEALTH SCIENCES, ESI ROAD, GUNADALA, 2 VIJAYAWADA - 520 008. 4. THE DISTRICT COLLECTOR, , OFFICE OF THE DISTRICT COLLECTOR, MAIN ROAD, PARVATHIPURAM MANYAM DISTRICT 535 502. 5. THE STATION HOUSE OFFICER, PALAKONDA POLICE STATION, VADAMA, PALAKONDA 532 440 6. THE SUPERINTENDENT OF POLICE, DISTRICT POLICE OFFICE COMPLEX, Y.K.M. COLONY, PARVATHIPURAM MANYAM DISTRICT 535 522. 7. SRI VIJAYA MULTI SPECIALITY HOSPITAL, REP. BY ITS AUTHORISED SIGNATORY, YELLAM JUNCTION, SAI NAGAR, VADAMA, PALAKONDA, SRIKAKULAM - 532 440. 8. DR K V L ANUSHA, OCC. OBG GYNAECOLOGIST, WORKING AT SRI VIJAYA MULTI SPECIALITY HOSPITAL, YELLAM JUNCTION, SAI NAGAR, VADAMA, PALAKONDA, SRIKAKULAM 532 440. 9. THE STATE OF ANDHRA PRADESH, , REP. BY ITS PRINCIPAL SECRETARY, HEALTH MEDICAL AND FAMILY WELFARE DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR 522 503. ...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 to issue a writ order or direction, more particularly one in the nature of a Writ of Mandamus, declaring the inaction of respondents 1 to 4 to act upon the representations dated 24-12-2024 and 11,03.2025 respectively as illegal, arbitrary and violative of the fundamental rights of the petitioners guaranteed under Articles 14, 19, and 21 of the Constitution of India and consequently declare the non-registration of the First Information Report by respondents 5 and 6 based on the complaint dated 24- 12-2024 filed by the 1st petitioner against respondents 7 and 8 citing non-completion of necessary enquiry by respondents 1 to 4 and non-submission of any recommendation report by respondent 1 to file FIR against respondents 7 and 8 as reasons for the non-registration of an FIR as illegal, arbitrary, and violative of the principles of natural justice and violative of the fundamental rights of the petitioners guaranteed under articles 14,19, and 21 of the Constitution of India and direct the 1st respondent and respondents 2 to 4 3 herein to duly consider the representations given by the 1st petitioner dated 24-12-2024 and dated 11.03.2025 and dispose of the same forthwith in a stipulated time period and direct the 9th respondent to duly consider and take appropriate action on the representation dated 24-12-2024 made by the 1st petitioner to the respondents 1 to 4 and dispose of the same forthwith in a stipulated time period and to pass IA 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 may be pleased to direct the respondent 9, to immediately form an independent expert committee at the expense of the state government to thoroughly investigate the medical negligence inflicted upon the petitioner by the 7th and 8th respondents, scrutinize medical records from all hospitals involved, take official statements of all the doctors that have treated the 2nd petitioner in due course, and evaluate the physical, emotional, and financial losses suffered by the 2nd petitioner through a comprehensive medical examination forthwith and to submit the reports to this Hon’ble Court in a stipulated time period positively within 6 weeks and to pass Counsel for the Petitioner(S): 1. MEEGADA UDAY SHANKAR Counsel for the Respondent(S): 1. V V ANIL KUMAR 2. GP FOR HOME 3. BONU RAMA SHANKAR RAO 4. GP FOR MEDICAL HEALTH FW The Court made the following: 4 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 11072/2025 ORDER: This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- “to issue a writ order or direction more particularly one in the nature of a Writ of Mandamus declaring the inaction of respondents 1 to 4 to act upon the representations dated 24.12.2024 and 11.03.2025 respectively as illegal arbitrary and violative of the fundamental rights of the petitioners guaranteed under Articles 14, 19 and 21 of the Constitution of India and consequently declare the non registration of the First Information Report by respondents 5 and 6 based on the complaint dated 24.12.2024 filed by the 1st petitioner against respondents 7 and 8 citing non completion of necessary enquiry by respondents 1 to 4 and non submission of any recommendation report by respondent 1 to file FIR against respondents 7 and 8 as reasons for the non registration of an FIR as illegal arbitrary and violative of the principles of natural justice and violative of the fundamental rights of the petitioners guaranteed under articles 14 19 and 21 of the Constitution of India and direct the 1st respondent and respondents 2 to 4 herein to duly consider the representations given by the 1st petitioner dated 24.12.2024 and dated 11.03.2025 and dispose of the same forthwith in a stipulated time period and direct the 9th respondent to duly consider and take appropriate action on the representation dated 24.12.2024 made by the 1st petitioner to the respondents 1 to 4 and dispose of the same forthwith in a stipulated time period and pass such other order.” 2. Heard learned counsel for the petitioners and learned Government pleader for respondent Nos.1 to 6. 3. Learned counsel for the petitioners submits that even though the petitioners submitted representations on 24.12.2024 and 5 11.03.2025 alleging the medical negligence against respondent Nos.7 to 8, but the respondent Nos.1 & 2 neither considered the representation by passing any order nor initiating any disciplinary proceedings against unofficial respondents. Hence, the Writ Petition. 4. It is settled law that as contended by the learned counsel for the petitioners that the medical negligence cannot be decided by the authority to whom the representation is made by the petitioners, to find out or to come to a conclusion whether any medical negligence caused by the unofficial respondents while discharging their duties as doctors in respect of the petitioner No.2 herein. The medical negligence can be made out after having an enquiry and detail trial to be conducted by the appropriate forum. Therefore, the petitioner has an alternative remedy by initiating appropriate proceedings before the concerned District forum and to get relief by way of compensation for the medical negligence caused by the unofficial respondents. 5. In view of the alternative remedy available to the petitioners for the determination of medical negligence, this writ petition is not maintainable. 6. Accordingly, the Writ Petition is disposed of granting liberty to the petitioners for initiating appropriate proceedings before the appropriate forum. There shall be no order as to costs. 6 As a sequel miscellaneous application, pending, if any, shall also stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J 23.01.2026 AAG G 7 257 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 11072/2025 23.01.2026 AAG G