IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE NINETEENTH DAY OF JULY TWO THOUSAND AND FOUR PRESENT THE HON'BLE SRI DEVINDER GUPTA,THE CHIEF JUSTICE and THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 10900 of 2004 Between: B.Dongapanti Bena Swamy, s/o Chinna Abbai, aged about 35 years, Occ: Agriculture & Ex Panchayat Member, R/o Chinna Barada (Village), Pedda Barada Panchayath, Chinntapalli (Mandal), Visakhapatnam District. ..... PETITIONER AND 1 Government of Andhra Pradesh, rep., by its Principal Secretary to the Govt., for Medical and Health Department, Secretariat Buildings, Saifabad, Hyderabad. 2 The Director of Health, Government of Andhra Pradesh, Hyderabad. 3 The District Medical and Health Officer, Visakhapatnam District, Office of the D.M.H.O., Visakhapatnam (District). 4 The Project Officer, I.T.D.A., Paderu Division, Paderu, Visakhapatnam. .....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 fourth respondent seriously trying to shift the Government dispensary from Lothugada Junction, Pedda Barada Panchayath, Chintapally Mandal, Visakhapatnam District to a remote place known as Korukonda Village, Balapam Panchayath, as being illegal, arbitrary, capricious, malafide and against the principles of natural justice guaranteed in the Constitution of India Counsel for the Petitioner:SUBHANI.S.M. Counsel for the Respondent Nos. 1 to 4: GP FOR MEDICAL HEALTH & FAMILY WELFARE The Court made the following Oral Order: (per Sri Devinder Gupta,CJ) Learned Government Pleader for Medical Health and Family Welfare states that Lothugedda Government Dispensary is functioning at Lothugedda Junction and there is no disruption in medical facilities and the proposal to shift the said dispensary has been dropped. In view of the submission of the learned Government Pleader, learned counsel for the petitioner says that he has instructions to withdraw the writ petition. The writ petition is accordingly dismissed as withdrawn. No costs. ------------------------------- DEVINDER GUPTA,CJ DATE: 19th July, 2004 ----------------------- C.V. RAMULU,J Pnb To 1 The Principal Secretary to the Govt., for Medical and Health Department Government of Andhra Pradesh, Secretariat Buildings, Saifabad, Hyderabad. 2 The Director of Health, Government of Andhra Pradesh, Hyderabad. 3 The District Medical and Health Officer, Visakhapatnam District, Office of the D.M.H.O., Visakhapatnam (District). 4 The Project Officer, I.T.D.A., Paderu Division, Paderu, Visakhapatnam.