IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD FRIDAY, THE TWENTY SIXTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT HON'BLE SRI ANIL R. DAVE, THE CHIEF JUSTICE And HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 21833 of 2007 Between: Thummala Surender Reddy S/o.Anantha Reddy R/o.Boddugudem village, Ramannapeta Constituency, Nalgonda District. ..... PETITIONER AND 1 The Principal Secretary, Government of Andhra Pradesh, Health Medical and Family Welfare (M1) Department. 2 The Commissioner of A.P. Vaidya Vidhana Parishad, Hyderabad. 3 The Medical Officer of Community Health Centre, Ramannapeta, Nalgonda District. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the rd respondent in proposing to construct the shopping complexes in Government Hospital Land at Ramannapeta, Nalgonda District is illegal, arbitrary and unconstitutional and consequently direct the rd respondent to stop the proposals for the construction of the shopping complexes in Government Hospital Land at Ramannapeta, Nalgonda District and to pass such other order or orders. Counsel for the Petitioner : MR.T.KISTAIAH Counsel for the Respondents: GP FOR MEDICAL HEALTH & FAMI.WELFARE The Court made the following : ORDER : (Per Hon’ble Sri Anil R.Dave, CJ) The learned advocate for petitioner is absent. This is a public interest litigation wherein it has been prayed that respondent No.3 be prevented from putting up construction of a shopping complex in the Government hospital land at Ramannapet, Nalgonda District. It has been submitted in the writ petition that by virtue of G.O.Ms.No.163, dated 26th May 2007, the Government has taken a policy decision that no Hospital Development Society will have any authority to sell, dispose, mortgage, lease-out or rent-out or alienate in any manner, any part of the hospital building or land belonging to the hospital under any circumstances. In the circumstances, it has been submitted that the action of respondent No.3 with regard to putting up construction and building shopping complex is illegal, and, therefore, it must be prevented. In pursuance of notice issued by this Court, respondent No.3 has filed his counter, stating that 47 shops are to be constructed in the premises of the hospital in question and according to him, by virtue of G.O.Ms.No.199, dated 23rd May 2006, it is open to the 3rd respondent to utilize the open land in the hospital premises to generate funds to the hospital. It is submitted that at present the construction is over and the shopping complex is leased out in accordance with G.O.Ms.No.199. The learned advocate appearing for respondent No.3 has submitted that G.O.Ms.No.163, dated 26th May 2007 is not applicable to non-teaching hospitals managed under the Andhra Pradesh Vaidya Vidhana Parishat Act of 1986. Looking to the above fact, we are of the view that the action of respondent No.3 with regard to constructing shops and leasing the same so as to generate income for the hospital in question is neither illegal nor improper. In the circumstances, we do not find any substance in the writ petition, which is accordingly rejected. _________________ ANIL R. DAVE, CJ 26th December 2008 ______________________ R. SUBHASH REDDY, J ajr