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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
K. MANMADHA RAO
Emmanneni Chirageevi Rao – Appellant
Versus
State Of Andhra Pradesh – Respondent
Order :
The Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief:
“…..to issue an appropriate Writ, Order or Direction more particularly one in the nature of Writ of Mandamus to declare the action of the respondents in issuing the Memo no:20680/H2/2016, dated 02.09.2016 contemplating to shift the primary health center from Prasangulapadu to Pamidipadu, Prakasham district, as illegal, arbitrary, unjustified, against the provisions to the constitution of India, being in contravention of Article 21 & Article 47 of the Constitution of India and while it was principles of natural justice and set aside the same…..”
2. Brief facts of the case are that the Government of Andhra Pradesh sanctioned establishment of Primary Health Centre (PHC) in Prasangulapudu village in the year 1988. The petitioner had donated land with a service motive for the purpose of making construction of PHC, that all the villagers in Prasangulapadu and also people from nearby villages namely Pothavaram, Kaavurivaripalem, Anubroluvaripalem, Pamidipadu, Kanagalavaripalem, Rachapudi, Mallampativaripalem and Kallagunta, would get primary health. Accordingly, the PHC was built
The Right to Health is an integral part of the Right to Life under Article 21 of the Constitution, emphasizing the importance of primary health care in community welfare.
The State's obligation to provide health facilities under the Directive Principles is not legally enforceable, and decisions regarding location of health centres are at its discretion.
Public Interest Litigation concerning property donation and administrative responsibility for healthcare infrastructure.
Petitioner's apprehension against commercial construction on health land redressed by respondents' assurance of reconstruction; writ closed.
The court established that only parties with a legitimate interest in the matter can challenge government actions, emphasizing the importance of locus standi in legal proceedings.
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