Andhra Pradesh High Court - Amravati
Gudipelli Bhanu Prakash Reddy, vs State Of Andhra Pradesh on 28 September, 2021
IN THE HIGH COURT OF ANDHRA PRADESH: AMARAVATI
HON'BLE MR. JUSTICE ARUP KUMAR GOSWAMI, CHIEF JUSTICE
&
HON'BLE MR. JUSTICE NINALA JAYASURYA
WRIT PETITION (PIL) No.95 of 2021
(Through video conferencing)
Gudipelli Bhanu Prakash Reddy,
S/o G. Rama Krishna Reddy,
Aged: 50 years, Occ: Social Service,
R/o H.No.62/11, Khadi Colony,
Tirupathi, Chittoor District and another.
...Petitioners
Versus
State of Andhra Pradesh, Rep., by
its Chief Secretary, Secretariat, Amaravathi,
Guntur District, and others.
...Respondents
Counsel for the petitioners : Mr. Gopala Krishna Kalanidhi
Counsel for respondent No.1 : GP for GAD
Counsel for respondent No.2 : Advocate General
Counsel for respondent No.3 : GP for Medical & Health
Counsel for respondent No.4 : GP for Revenue.
ORDER (ORAL)
Dt:28.09.2021
(per Arup Kumar Goswami, CJ)
None appears for the petitioners on call. On the last occasion when
the matter was taken up on 02.08.2021 and 31.08.2021, none appeared
for the petitioners.
2. The prayer made in the writ petition reads as follows:
HCJ & NJS,J
"...to issue a Writ, Order or Orders, more
particularly one in the nature of Writ of
Mandamus, declaring the action of the
respondents 1 to 3 in not providing Oxygen
supply to the Covid patients admitted in Sri
Venkateswara Ramnarain Ruia Government
Hospital at Tirupathi, thereby becoming
responsible for the death of 30 patients in the
said hospital, as amounting to highly arbitrary,
illegal and unconstitutional and consequently to
direct the official respondents to pay
compensation to each deceased patient a sum of
Rs.25,00,000/- immediately and pass such other
order or others as may be deemed fit and proper
in the interest of justice."
3. Heard Mr. T. Balaswami, learned Government Pleader attached to
the office of the learned Advocate General appearing for respondent No.2,
submits that similar issue was considered by this Court in W.P.(PIL) No.94
of 2021, which was disposed by this Court on 18.08.2021.
4. The prayer in W.P.(PIL) No.94 of 2021 as indicated in the order
reads as follows:
"...seeking issuance of Writ of Mandamus in not
registering the FIR against the Ruia Hospital
Management, who are responsible for causing
death of nearly 40 people on 10.05.2021 and also
against the officials of State Government for not
HCJ & NJS,J
installing the required Oxygen plants in the State
of Andhra Pradesh for supply of oxygen to the
Covid patients and also not providing the medical
infrastructures in the hospital, as illegal, arbitrary
and violation of Article 21 of the Constitution of
India and also claiming the following reliefs:
i) To direct the 7th & 8th respondents to register
the FIR on complaint made by the petitioner on
12.05.2021 against the Ruia Hospital
Management, those who were responsible for
causing death of more than 40 Covid patients on
10.05.2021 in Ruia Hospital;
ii) To order for judicial enquiry with the District
Judge to know the facts and figures about how
many deaths of Covid Patients occurred on
10.05.2021 in Ruia Hospital and also to know
about the reasons for causing deaths of more
than 40 Covid patients due to low pressure of the
oxygen on 10.05.2021;
iii) To direct the State Government to install Five
(5) Oxygen plants in the State of Andhra Pradesh
and generate the oxygen as Central Government
already sanctioned Five (5) Oxygen Plants to the
State of Andhra Pradesh forthwith;
iv) To direct the Central Government and also
State Government to provide adequate medical
infrastructures including oxygen and medicines,
HCJ & NJS,J
etc., to the Hospitals for the purpose of treating
the Covid patients without any delay in the State
of Andhra Pradesh;
v) To direct the 1st respondent/State Government
to pay Rs.1 crore compensation to each family
members of deceased, who were died on
10.05.2021 in Ruia Hospital due to sudden break
in oxygen supply to the Covid patients, Tirupati,
A.P., and pass such other order or orders as
deem fit in the interest of justice."
5. The relief (v) sought in W.P (PIL) No.94 of 2021, which is more or
less similar to the prayer made in the present public interest litigation, was
dealt with in the aforesaid case. In that view of the matter, no further
orders are called for in this petition.
6. Accordingly, the Writ Petition (Public Interest Litigation) shall stand
closed in the light of the judgment and order dated 18.08.2021 in W.P
(PIL) No.94 of 2021. No costs. All pending miscellaneous applications, if
any, shall stand closed.
ARUP KUMAR GOSWAMI, CJ NINALA JAYASURYA, J
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