IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY FIRST DAY OF FEBRUARY TWO THOUSAND AND EIGHT :PRESENT: THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO : 3434 of 2008 Between: V.Sivalingam S/o.V.Vardhan, R/o.Badanpalli (V),Puthalapattu (M) Chittoor District. A.P ..... PETITIONER AND 1 The Government of A.P rep.by its Secretary, Health and Medical and Family Welfare Department, Secretariat, Hyderabad. 2 The Chairman, Authorization Committee for Organ Transplantation, Govt.of A.P Hyderabad. (O/o. Director of Medical Education, A.P. Sultan Bazar, Hyderabad) 3 The Director of Medical Education, A.P Sultan Bazar, Hyderabad. 4 M.Chaitanya S/o.M.Sadasiva Rao, R/o.8-2-684/161/I,N.B.T.Nagar Road No.12, Banjara Hills,Hyderabad. 5 M.Rama Devi W/o.M.Chaitanya R/o.8-2-684/161/I,N.B.T.Nagar Road No.12, Banjara Hills,Hyderabad. .....RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue any writ, order or direction more particularly one in the nature of Mandamus to declare the proceedings Rc.No.46072/KIDNEY/2007 of the 2nd respondent dated 5-12-2007 as confirmed by the 1st respondent in his Memo No.24400/M/2007-3 dated 4- 2-2008 as illegal, arbitrary and contrary to the provisions of kidney transplantation Act,1994 and consequently direct the 1st respondent to permit the petitioner for Kidney Transplantation from the donor i.e 4th respondent forthwith. The petition coming on for hearing, upon perusing the petition and the affidavit filed herein and upon hearing the arguments of SRI BOKKA SATYANARAYANA Advocate for the Petitioner and of the Govt. Pleader for Medical and Health for the respondents 1 to 3, the Court made the following: ORDER: After hearing the learned counsel for the petitioner, I feel it appropriate that respondent Nos. 4 and 5 shall appear in the Court so that this Court will have an opportunity of knowing whether respondent No. 4 is willing to donate the Kidney in favour of the petitioner purely out of love and affection. The petitioner undertakes to ensure the presence of respondent Nos. 4 and 5 on the next date of hearing. Post on 25-02-2008. ASSISTANT REGISTRAR // TRUE COPY // for ASSISTANT REGISTRAR To 1. The Secretary to Government, Health and Medical and Family Welfare Department, Secretariat, Hyderabad. 2. The Chairman, Authorization Committee for Organ Transplantation, Govt.of A.P Hyderabad. (O/o. Director of Medical Education, A.P. Sultan Bazar, Hyderabad) 3. The Director of Medical Education, A.P Sultan Bazar, Hyderabad. 4. M.Chaitanya S/o.M.Sadasiva Rao, R/o.8-2-684/161/I,N.B.T.Nagar Road No.12, Banjara Hills,Hyderabad. 5. M.Rama Devi W/o.M.Chaitanya R/o.8-2-684/161/I,N.B.T.Nagar Road No.12, Banjara Hills,Hyderabad. ( 1 to 5 by SPL. MESSENGER) 6. 2 CCs to the Govt. Pleader for Medical and Health, High court of A.P.Hyderabad. (By SPL. MESSENGER) 7. One C.C.to Sri Bokka Satyanarayana, Advocate. High court of A.P.Hyderabad. (by SPL. MESSENGER ) 8. One spare copy. HIGH COURT CVNR.J DATED 21-2-2008 NOTE: POST ON 25-02-2008 ORDER W.P.NO. 3434 OF 2008 DIRECTION Bsr Dt. 22-2-2008 HIGH COURT CVNR.J DATED 21-2-2008 NOTE: POST ON 25-02-2008 ORDER W.P.NO. 3434 OF 2008 DIRECTION