@#@#@#@#@#@#@ HONOURABLE DR JUSTICE G.YETHIRAJULU WRIT PETITION NO:1236 of 2002 DATED: 21-01-2008 Between: Geddada Anjaneyulu ..... PETITIONER AND Government of A.P., Medical and Health Department, Secretariat, Hyderabad, rep.by its Secretary and 5 others .....RESPONDENTS @#@#@#@#@#@#@ ORDER: This is a writ petition filed by the petitioner seeking to declare the action of the first respondent in not proceeding with the construction of the proposed 30 bedded referral hospital and shifting of the referral hospital from Achanta Vemavaram village to Achanta village as illegal, arbitrary and contrary to the policy of the Government. The Government has issued a GO to establish referral hospital in every Mandal by converting the PHCs into referral hospitals. In Achanta Assembly Constituency there is a PHC at Achanta Vemavaram which is 3 KMs away from Achanta. The local MLA appeared to have given a letter to the authorities concerned requesting to establish the referral hospital at Achanta being the Mandal headquarters and in pursuance of that the District and Medical Health Officer wrote a letter to the Government requesting to establish the referral hospital at Achanta by assigning reasons to establish the same at the Mandal headquarters. The Government issued another GO by amending the earlier GO to the effect that the PHC, Achanta Vemavaram, shall be treated as PHC, Achanta. In pursuance of the orders of the Government, the fifth respondent constructed a building to accommodate the referral hospital. Learned Government Pleader submitted that the establishment of referral hospital in Achanta is no way causing prejudice to the petitioner since it is being established in Mandal headquarter. Learned counsel for the petitioner submitted that though the policy of the Government is to convert the PHCs into referral hospitals, the respondents resorted to establish the hospital at a place where there is only a dispensary but not a PHC. As the establishment of the hospital is not in consonance with the GO issued by the Government, the action of the first respondent is liable to be quashed. I have gone through the entire material. It is seen that the Medical and Health Officer made a recommendation for establishment of the referral hospital at Achanta. Though the writ petition was filed no stay orders were granted, therefore, the construction of the building was also over and it would not in any way cause prejudice to the petitioner as it is convenient to all the people to go to the Mandal headquarters for utilizing the services of the hospital. It is also represented by the learned Government Pleader that the PHC at Achanta Vemavaram continues to remain and the services of that PHC can also be availed by the people in and around that place. In the light of the above circumstances, I do not find any ground to invoke the extraordinary jurisdiction in interfering with the orders of the respondents. Hence, the writ petition is dismissed. No order as to costs. _________________ 21st January, 2008 SKM