IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE NINTH DAY OF NOVEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE SRI JUSTICE N.V. RAMANA WRIT PETITION NO.5703 of 1996 Between: Smt. Sandhya Dange, W/o Haribabu, R/o No. 306/A, Datta Suriya Apartments, Opp: Satyagiri Talkies, Hyderabad. ..... PETITIONER AND 1 The State of A.P., Rep. by its Secretary to Government Health, Medical & Family Welfare Department, Secretariat, Hyderabad. 2 The Authorisation Ciommittee, Rep. by its Chairman, Director of Medical Eduation. A.P., Hyderabad. 3 Dr. S. Saharia, Renal Transpalt Unit, Mahaveer Hospital & Research Centre, A.C. Guards, Hyderabad. 4 Sri M. Danyya, s/o M. Ramu R/o BAsvaatarknagar, Hakeempet, Hyderabad. (Writ Petition as against R3 & R4 dismissed for default as per court order dt:4.4.2000) .....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 an order or direction, more in the nature of Writ of Mandamus, declaring the action of the 2nd respondent in rejecting the joint request of the petitioner and the 4th respondent relating to the Kidney Transplantation vide Proceedings No. 134/MA.B/95, dt:14.3.96 as wholly arbitrary, highly illegal, unjust and unconstitutional, being violative of Arts. 14 & 21 of the Constitution of India and also contrary to the provisions of A.P. Transplantation of Human Organs Act, 1995, (Act No. 24 of 1995) and the Rules framed thereunder and consequently direct the 3rd respondent to conduct the kidney transplantation operation immediately, by removing one kidney from the 4th respondent and transplant the same on to the petitioner. Counsel for the Petitioner: MR.S.SARATH KUMAR Counsel for the Respondent Nos.1 and 2: GP FOR MEDICAL HEALTH & FAMI.WELFARE Counsel for the Respondent Nos.3 and 4: None The Court made the following : ORDER: Learned counsel for the petitioner submits that the cause in this writ petition does not survive and has become infructuous. Recording the said submission, the Writ Petition is dismissed as having become infructuous. No costs. ________________ (N.V. RAMANA, J) Date: 09.11.2004 Nsr To 1 The Secretary to Government, Health Medical & Family Welfare Department, State of A.P.,Secretariat, Hyderabad. 2 The Chairman, Director of Medical Eduation. Authorisation Ciommittee, A.P., Hyderabad. 3 Dr. S. Saharia, Renal Transpalt Unit, Mahaveer Hospital & Research Centre, A.C. Guards, Hyderabad. 4 Two CCs to GP for Medical, Health and Family Welfare, High Court of A.P., Hyderabad (OUT) 5 Two CD copies.