APHC010073222017 IN THE HIGH COURT OF ANDHRA PRADESH [3329]

AT AMARAVATI (Special Original Jurisdiction)

TUESDAY,THE THIRD DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 6128/2017 Between:

1. Y .SAI BHARGAVI,, W/O Y.PHANINDRA KUMAR, AGED ABOUT 37 YEARS, SARPANCH, GRAM PANCHAYAT, YARLAGADDA, R/O YARLAGADDA VILLAGE, CHALLAPALLI MANDAL, KRISHNA DISTRICT.

2. V EERAMACHANENI RAGHAVENDRA RAO,, S/O KUTUMBAIAH, AGED 76 YEARS, R/O YARLAGADDA VILLAGE, CHALLAPALLI MANDAL, KRISHNA DISTRICT.

3. S URYADEVARA RAMAKRISHNA,, S/O SUBBA RAO, AGED ABOUT 75 YEARS, VEMULAPALLI VILLAGE, CHALLAPALLI MANDAL, KRISHNA DISTRICT.

...PETITIONER(S)

AND

1. S TATE OF ANDHRA PRADESH REP BY ITS PRINCIPAL SECRETARY, HEALTH, MEDICAL & FAMILY WELFARE DEPT., SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT.

2. T HE DIRECTOR OF MEDICAL HEALTH, GOVERNMENT OF ANDHRA PRADESH, VIJAYAWADA.

3. T HE COMMISSIONER AYUSH DEPARTMENT, GOVERNMENT OF ANDHRA PRADESH, VIJAYAWADA.

4. T HE REGIONAL DEPUTY DIRECTOR AYUSH DEPARTMENT, GOVERNMENT OF ANDHRA PRADESH, ELURU, WEST GODAVARI DISTRICT.

5. T HE DISTRICT COLLECTOR KRISHNA DISTRICT AT MACHILIPATNAM, ...RESPONDENT(S):

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased toIssue an appropriate writ, order or direction more particularly one in the nature of writ of mandamus declaring the action of the 4th respondent in issuing the Memo No.75/B-2017, dated 20.1.2017 as illegal, arbitrary, without authority and violation of Article 14 of the Constitution of India and consequently set-aside the same and pass Counsel for the Petitioner(S):

1. V HIMABINDU Counsel for the Respondent(S):

1. GP FOR MEDICAL HEALTH & FW(AP) 2. GP FOR MEDICAL HEALTH FW(AP)

HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA W.P.No.6128 of 2017 This Court made the following

ORDER:

Learned counsel for the petitioners submits that the 4^th respondent herein issued impugned memo dated 20.01.2017 to shift the Government Homoeopathy Dispensary situated at petitioners’ village i.e., Yarlagadda Village, Krishna District. The said Homoeopathy Dispensary has been catering the needs of the villagers and other general public since decades from the date of its inception in the year 1960. Learned counsel further submits that the memo issued by the Respondents without assigning any reasons and without following due process, more particularly none of the villagers were informed about the said impugned memo. The 1^st petitioner being a villager and interested person is of the opinion that if the subject Homeopathy Dispensary is shifted from the petitioners’ village, the village people would suffer irreparable loss and hardship due to lack of Homeopathy and general treatment in the village. Therefore, the issuance of impugned memo without following due process and principles of natural justice is contrary to law and liable to be set aside. Hence the writ petition.

2. On the other hand, learned Government Pleader furnished proceedings dated 01.03.2024, wherein it is stated that due to introduction of policy by the Central Government, the existing 126 Ayush Health and Wellness Centres under the Centrally Sponsored Scheme of National AYUSH Mission were renamed as “Ayushman Arogya Mandirs” (for short “AAM”) and decided to continue these 126 AAMs as it is without there being any changes. Out of these 126 AAMs enlisted along with proceedings of the Commissioner, Ayush Department, Andhra Pradesh, Vijayawada dated 01.03.2024, the petitioners’ AAM at Yarlagadda is enlisted at S.No.57. Therefore, in view of inclusion of the petitioners’ AAM at Yarlagadda, it would be continued as it is without any changes irrespective of the impugned memo issued by the 4^th respondent.

3. Heard learned counsel for the petitioners and learned Government Pleader for Respondents and perused the material placed on record.

4. In view of the submissions made