IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SMT. JUSTICE RENUKA YARA WRIT PETITION NO.36337 of 2025 THE 16^TH DAY OF MARCH, 2026 Between:

Mr. Mohammad Jaheer …Petitioner AND The State of Telangana and 5 others …Respondents

ORDER:

This writ petition is filed seeking the following relief:

“ … to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus directing the official respondents No.1 to 5 to consider the most sensitive and urgent issue of Transplantation of Kidney in respect of the petitioner/recipient for the reason of life threat and to consider the option of Donor i.e. unofficial respondent No. 6 whose vitals and investigations and surgical profile got matched to each other and thus, direct the officials respondents No.1 to 5 herein pursuant to the Orders of this Hon’ble Court vide W.P.No.31335 of 2018, dt.17.09.2018 and in accordance to the Order dt.06.01.2025 passed by the Hon’ble High Court of Kerala Sate vide W.P.(C) No. 45300 of 2024 and thereby to make necessary further arrangements and to forthwith grant approval for the Transplantation of Kidney, in the interest of justice and …..”

2. Heard Smt. Lakshmi Kanakavalli Borra, learned counsel for the petitioner and Smt. Swapna Madhuri, learned Assistant Government Pleader for Pleader for Medical, Health and Family Welfare appearing for respondent Nos.1 to 4.

3. Learned counsel for the petitioner submits that the petitioner who is suffering with chronic kidney disease requires dialysis and transplantation and transplantation requires permission of respondent No.3 Authorization Committee. While so, the respondent No.5 at its level refused to forward the application of the petitioner to whom respondent No.6 who is not a blood relative but a long standing family friend is voluntarily willing to donate kidney. Aggrieved by the inaction of respondent No.5, the present writ petition is filed.

4. As per submissions of both the learned counsel on Section 9(3) of the Telangana Transplantation of Human Organs Act, 1995, it is the Authorisation Committee-respondent No.3 which has to decide whether or not donation of any organ can be permitted. Said decision making power cannot be usurped by respondent No.5.

5. In the circumstances, the writ petition is disposed of directing respondent No.5 to forward the application of the petitioner to respondent No.3 within one (1) week from the date of receipt of copy of this order. Thereafter, within one (1) week, respondent No.3 shall process the application and pass appropriate orders strictly in accordance with law.

There shall be no order as to costs.

Pending Miscellaneous Petitions, if any, shall stand closed.

_________________ RENUKA YARA, J Date:16.03.2026 GVL THE HON’BLE SMT. JUSTICE RENUKA YARA Date:16.03.2026 gvl