APHC010309392017 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] THURSDAY,THE TWENTY NINETH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 5482/2017 Between: 1. KV C MOHAN, S/O. VENKATAIAH, AGED ABOUT 45 YEARS, R/O. H.NO. 5-12-113/118, MOHAN NAGAR, K.V.ROAD, GIDDALUR TOWN, PRAKASAM DISTRICT. ...PETITIONER AND 1. PRL SECRETARY MEDICAL HELATH AND 4 OTHERS, REP. BY ITS PRINCIPAL SECRETARY, MEDICAL & HEALTH DEPARTMENT, SECRETARIAT BUILDINGS, HYDERABAD. 2. THE DISTRICT MEDICAL AND HEALTH OFFICER, PRAKASAM DISTRICT AT ONGOLE. 3. THE MEDICAL OFFICER COMMUNITY HEALTH CENTER, GIDDALUR TOWN, PRAKASAM DISTRICT. 4. DR S SURIBABU, S/O. & AGE NOT KNOWN TO THE PETITIONER, 0CC : DOCTOR, COMMUNITY HEALTH CENTER, GIDDALUR TOWN, R/O. C/O. R;URYA HOSPITAL, BESIDE SIVAJI LODGE, ONGOLE ROAD, PRAKASAM DISTRICT 5. DR KLAKSHMI KIRAN, D/O. & AGE NOT KNOWN TO THE PETITIONER, 0CC : DOCTOR, COMMUNITY HEALTH CENTER, GIDDALUR TOWN, R/O. C/O. SURYA HOSPITAL, BESIDE SIVAJI LODGE, ONGOLE ROAD, PRAKASAM DISTRICT ...RESPONDENT(S): 2 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 toto issue an appropriate writ, order or direction more in the nature of Mandamus, declaring the action of the respondents 2 & 3 in not taking any action against the respondents 4 & 5 herein who are doing the private practice by establishing a Hospital under the name and style of Sri Surya Hospitals on Ongole Road, Giddalur Town of Prakasam District that too without obtaining any permission as is informed by the 2nd respondent through his letter dated 5.1.2017 in Rc.No.224/Demo/2016 even after lapse of more than a7 weeks from the date of submitting the representation to the 3rd respondent herein as long back as on 17.12.2016 as being illegal, arbitrary and in violation of Articles 14 and 21 of Constitution of India and consequently direct the respondents to forthwith 'nitiate action on the aforesaid representation, and pass such other order or orders as are deemed fit and proper. IA NO: 1 OF 2017(WPMP 6683 OF 2017 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 2 & 3 to take immediate action on the representation submitted on 17.12.2016 against the respondents 4 & 5 herein, pending the disposal of the above WP, and pass such other order or orders as are deemed fit and proper. Counsel for the Petitioner: 1. LAXMAIAH KANCHANI Counsel for the Respondent(S): 1. GP FOR MEDICAL HEALTH & FW(AP) The Court made the following: 3 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITON NO.5482 OF 2017 ORDER: When the matter is taken up for hearing, it is observed from the docket order that there is no representation on behalf of the petitioner on 08.07.2019 and 27.01.2026. On 27.01.2026, the matter is directed to posted on 29.01.2026 under the caption ‘for dismissal’. Even though the matter is posted under the caption ‘for dismissal’, today also there is no representation on behalf of the petitioner. 2. Heard learned counsel for the respondents. 3. The prayer of petitioner in the writ petition is that respondent Nos. 2 and 3 are not taking any action against respondent Nos. 4 and 5 herein who are doing the private practice by establishing a Hospital under the name and style of Sri Surya Hospitals on Ongole Road without obtaining any permission. 4. On the other hand, learned counsel for the respondents submits that any license granted by any Allopathy Hospitals is only for a period of five years. In the present case, the license was granted to respondent Nos. 4 and 5 in the year 2016, which is valid for a period of five years. As such, the said license was expired in the year 2021 itself. Therefore, the cause in the writ petition does not survive and no further orders are required to be passed and the matter becomes infructuous. 4 5. Recording the said submission, the writ petition is dismissed as infructuous. There shall be no order as to costs. As a sequel, miscellaneous petitions, if any, pending shall stand closed. __________________________________ VENKATESWARLU NIMMAGADDA, J 29.01.2026 BSP 5 141 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO.5482 of 2017 29.01.2026 BSP