Podicheti Sesha Achyuth Kumar And ... vs The State Of Telangana And 3 Others
2021 Latest Caselaw 2284 Tel

     THE HON'BLE SRI JUSTICE T. AMARNATH GOUD

                WRIT PETITION No.18142 of 2021

ORDER :

This writ petition is filed seeking to declare the proceedings

dated 30.07.2021 of the 1st respondent, rejecting the appeal filed by

the petitioners against the rejection of their application for permission

for kidney transplantation, as illegal, arbitrary and against the

principles of natural justice, and consequently, direct respondents 1

and 3 to accord permission to the 1st petitioner for kidney

transplantation from the donor i.e. the 2nd petitioner.

2. Heard learned counsel for petitioners as well as the learned

Government Pleader for Medical and Health and perused the record.

3. The 1st respondent-appellate authority, inspite of specific

directions from this Court on earlier occasion in W.P.No.15005 of

2021 and also in W.P.No.16184 of 2021, has once again, passed the

impugned order without application of mind. Except incorporating

the orders of this Court and the judgment of Apex Court in Appeal

(Civil) No.156 of 2005 [Kuldeep Singh v. State of Tamil Nadu], and

discussion on the Act, the factual aspects have not been dealt with

in the impugned order and the appellate authority has not appreciated

the fact as to whether there is any monetary transaction between the

donor and the recipient, despite the specific affidavit and denial made

by them to that effect.

4. In view of the above, the impugned order is set aside and this

writ petition is disposed of with a direction to respondent Nos.1 and 3

to forthwith grant permission for kidney transplantation of the 1st

petitioner from the donor i.e. the 2nd petitioner. No order as to costs.

Pending miscellaneous applications, if any, shall stand closed.

________________________ T. AMARNATH GOUD, J.

Date: 04.08.2021

N.B :

Office to forthwith communicate this order to the respondents.

(b/o) ajr