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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

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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)

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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

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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 materi