IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY SECOND DAY OF FEBRUARY TWO THOUSAND AND FIVE PRESENT THE HON'BLE SRI JUSTICE N.V. RAMANA WRIT PETITION NO.13745 of 1998 Between: Bibekanada Guha, S/o late Bipulchandra Guha, R/o Malda, West Bengal State. ..... PETITIONER AND 1 State of Andhra Pradesh, Rep by its Secretary, Medical & Health Dept., Secretariat Buildings, Hyderabad. 2 Authorisation Committee appointed U/s.9(4) of the Transplantation of Human Oragns Act 1995, Rep by its Chairman cum Director of Medical Education, Hyderabad. 3 Dr.K.S.Naik, Cheif of Nephrology Service, Hyderabad Nursing Home, Hyderabad. 4 Sri Ratan Bhattacharjee, s/o Phone Bhushan Bhatacharjee, R/o Sodpore, P.O. Pansila, 24 parganas dist., W.B.State. (Writ Petition as against R4 is dismissed for default as per the Court order dated 05.09.2001) ....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 appropriate Writ, order or direction particularly a writ in the nature of Writ of Mandamus, declaring the restrictions imposed by the 2nd respondent committee directing the petitioner to apply for permission for Transplantation through the State Govt. of West Bengal and for production of all other certificates as irrelevant and have no nexus with the object sought to be achieved by the Act and also in violation of the petitioner's rights under arts. 14, 16 and 21 of the Constitution of India and consequently direct the respondents to scrutinise the application of the petitioner for grant of permission to undergo kidney transplantation by accepting kidney donation from the 4th respondent. Counsel for the Petitioner: MR.S.SHARAT KUMAR (Not present) Counsel for the Respondent Nos.1 to 3: GP FOR MEDICAL HEALTH & FAMI.WELFARE The Court made the following : ORDER: In this writ petition the petitioner seeks to direct the respondents to scrutinize his application for grant of permission to undergo kidney transplantation by accepting kidney donation from the 4th respondent. When the matter is taken up today, none appears for the petitioner. Learned Government Pleader appearing for the respondents submits that by lapse of time the prayer in the writ petition has become infructuous. Recording the said submission, the writ petition is dismissed as having become infructuous. No costs. _______________ N.V. RAMANA, J. Date: 22.02.2005 Nsr ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Secretary, Medical & Health Dept., State of Andhra Pradesh, Secretariat Buildings, Hyderabad. 2 The Chairman cum Director of Medical Education, Authorisation Committee appointed U/s.9(4) of the Transplantation of Human Oragns Act 1995, Hyderabad. 3 Dr.K.S.Naik, Cheif of Nephrology Service, Hyderabad Nursing Home, Hyderabad. 4 Two CCs to GP for Medical Health and Family Welfare, High Court of AP, Hyderabad (OUT) 5 2 CD copies Form-NIC-OGS/WP{VVS}