Disposed¶42

Yadavalli Nageswara Rao v. The State of Andhra Pradesh

Andhra Pradesh HC12 Mar 2026WP/7120/2026

Case brief

AI extract

What is this about?

Writ of Mandamus; Article 226; delay/non-consideration of statutory appeal; Section 25 Andhra Pradesh Medical Practitioners Act 1968; appeal dated 20.06.2024; APMC/ETHICS/07/2024/82/JRE/2024 dated 29.05.2024; Andhra Pradesh Medical Council; false medical certificate; direction to State to dispose of appeal within two months; opportunity of hearing to both parties; time-bound disposal of appeal; no order as to costs; miscellaneous petitions closed; single-judge order.

What did the court decide?

Direction to respondent No.1 to consider and dispose of the petitioner's appeal dated 20.06.2024, after providing opportunity of hearing to both parties, in accordance with law, within a period of two (02) months from the date of receipt of a copy of the order; no order as to costs; pending miscellaneous petitions closed. ¶42

Yadavalli Nageswara Rao Vs The State of… — Writ and Judicial Review | Andhra Pradesh HC (2026)

What the court decided

AI extract

Outcome

¶42

Issue for consideration

Whether the 1st respondent's failure to consider the petitioner's appeal dated 20-06-2024 (filed under Section 25 of the Andhra Pradesh Medical Practitioners Act, 1968 against the 2nd respondent's Order No.APMC/ETHICS/07/2024/82/JRE/2024 dated 29-05-2024) is arbitrary and illegal, warranting a direction to consider and dispose of the appeal.

¶36

Court's answer

Without going into the merits of the case and as agreed by both learned counsel, the Court held that the present writ petition can be disposed of, directing respondent No.1 to consider and dispose of the petitioner's Appeal dated 20.06.2024.

¶38

Ratio / Principle

The appeal dated 20.06.2024 was to be disposed of after providing opportunity of hearing to both parties, in accordance with law, within a period of two (02) months from the date of receipt of a copy of the order.

¶41

Key takeaways

With the above direction the writ petition was disposed of, and there shall be no order as to costs.ratio¶42
Miscellaneous Petitions, if any, pending in the writ petition shall stand closed.ratio¶43

Detailed headnote1 paragraphs

Andhra Pradesh High Court at Amaravati (Special Original Jurisdiction) — Writ Petition No. 7120 of 2026 — Venkateswarlu Nimmagadda, J. — Article 226, Constitution of India — Section 25, Andhra Pradesh Medical Practitioners Act, 1968 — Petitioner's appeal dated 20.06.2024 to the 1st respondent (State of Andhra Pradesh) against the 2nd respondent's (Andhra Pradesh Medical Council) Order No.APMC/ETHICS/07/2024/82/JRE/2024 dated 29.05.2024, whereby the Council refused to take action against the 3rd respondent for giving a false medical certificate, remained unconsidered for almost two years — Court, without going into the merits and as agreed by both learned counsel, disposed of the writ petition directing the 1st respondent to consider and dispose of the appeal dated 20.06.2024 after providing opportunity of hearing to both parties, in accordance with law, within two (02) months from receipt of a copy of the order — No order as to costs; miscellaneous petitions, if any, stood closed.

¶1

[3329]

¶2

APHC010127952026

¶3

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)

¶4

FRIDAY,THE THIRTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX

¶5

PRESENT

¶6

THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 7120/2026

¶7

Between:

¶8

YADAVALLI NAGESWARA RAO, S/O LATE APPARAO, AGED ABOUT 66 YEARS, R/O D.NO. 10-11/2-2/2, GANDHI NAGAR, NIDADAVOLU, EAST GODAVARI DISTRICT

¶9

...PETITIONER

¶10

AND

¶11

THE STATE OF ANDHRA PRADESH, REP., BY ITS SPECIAL CHIEF SECRETARY, HEALTH, MEDICAL, AND FAMILY WELFARE DEPARTMENT, SECRETARIAT VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT.

¶12

ANDHRA PRADESH MEDICAL COUNCIL, REP., BY ITS REGISTRAR, DR.NTR UNIVERSITY OF HEALTH SCIENCES BUILDING, VIJAYAWADA.

¶13

DR BANDI KRISHNA M D, SRI HARITHA HOSPITAL, NIDADAVOLE, EAST GODAVARI DISTRICT

¶14

...RESPONDENT(S):

¶15

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 tomay be pleased to issue an appropriate Writ, Order or Direction more particularly in the nature of Writ of Mandamus declaring the action of the 1st Respondent in not considering the appeal filed by the Petitioner on 2006-2024 under Section 25 of the Andhra Pradesh Medical Practitioners Act, 1968, against the order passed by the 2nd Respondent vide Order

¶16

¶17

No.APMC/ETHICS/07/2024/82/JRE/2024 dated2 9-05-2024, where under the 2nd Respondent refused to take action against the 3rd Respondent for giving false medical certificate, as arbitary, illegal in violation of Article 14 of the Constitution of India, and also in violation of the Provisions of the Andhra Pradesh Medical Practioners Registration Act, 1968 and consequently direct the 1st Respondent to consider the Appeal filed by the Petitioner on 20-062024 against the Order No. APMC/ETHICS/07/2024/82/JRE/2024 dated 2905-2024 passed by the 2nd Respondent and pass appropriate Orders in accordance with law and to pass such

¶18

IA NO: 1 OF 2026

¶19

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to direct the 1st Respondent to consider the appeal filed by the Petitioner on 20-06-2024 against the orders No.APMC/ETHICS/07/2024/82/JRE/2024 dated 29-5-2024 of the 2nd Respondent and take appropriate action in accordance with law pending disposal of the above writ petition and to pass such

¶20

Counsel for the Petitioner:

¶21

1.SUBBA RAO KORRAPATI

¶22

Counsel for the Respondent(S):

¶23

1.GP FOR MEDICAL HEALTH FW

¶24

The Court made the following:

¶25

¶26

THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

¶27

WRIT PETITION NO: 7120/2026

¶28

ORDER:-

¶29

This writ petition is filed under Article 226 of the Constitution of the India

¶30

seeking the following reliefs:-

¶31

“ to issue a Writ, Order particularly in the nature of Writ of Mandamus declaring the action of the 1^st Respondent in not considering the appeal filed by the Petitioner on 20-06-2024 under Section 25 of the Andhra Pradesh Medical Practitioners Act, 1968, against the order passed by the 2^nd Respondent vide Order No.APMC/ETHICS/07/2024/82/JRE/2024 dated29-05-2024, where under the 2^nd Respondent refused to take action against the 3^rd Respondent for giving false medical certificate, as arbitary, illegal in violation of Article 14 of the Constitution of India, and also in violation of the Provisions of the Andhra Pradesh Medical Practioners Registration Act, 1968 and consequently direct the 1^st Respondent to consider the Appeal filed by the Petitioner on 20-06-2024 against the Order No. APMC/ETHICS/07/2024/82/JRE/2024 dated 29-05-2024 passed by the 2^nd Respondent and to pass such other order or orders as deem fit in the circumstance of the case….”

¶32

Heard learned counsel for the petitioner and learned Government Pleader for the respondents.

¶33

The case of the petitioner herein is that the respondent No.3 is the petitioner’s cousins’ son who specialized in General Medicine and is running a hospital in the name and style of Sri Haritha Hospital, Nidadavole, East Godavari District. While so, due to the health conditions of the petitioner’s father, the petitioner herein preferred respondent No.3 to treat his father. Later, the petitioner’s father died on 07.10.2023. While things stood thus, the petitioner came to know regarding the fraud played by the respondent No.3,

¶34

¶35

basing upon the health condition certificate dated 05.09.2023 issued by respondent No.3 and he lodged a complaint on 13.03.2024 whereunder the respondent No.3 is arrayed as accused no.3.

¶36

Learned counsel for the petitioner further submits that the petitioner herein also filed a complaint before the respondent No.2 on 17.01.2024 against the respondent No.3 and requested the respondent No.2 to enquire into the certificate issued by the respondent No.3 and take necessary action. But the respondent No.2 without considering the said complaint passed an order dated 29.05.2024. Having aggrieved by the order of the respondent No.2, the petitioner herein preferred an appeal dated 20.06.2024 before the respondent No.1. Even after lapse of almost two years, the respondent No.1 neither considered the appeal nor initiated any other proceedings. Hence the writ petition.

¶37

On the other hand, learned Government Pleader for the respondents submits that the Appeal dated 20.06.2024 preferred by the petitioner would be considered by the respondent No.1, in accordance with law, within a reasonable time.

¶38

Having regard to the submissions made by the learned counsel for both the parties and on perusal of the material placed on record, without going into the merits of the case and as agreed by both the learned counsel, this Court is of the considered view that the present writ petition can be disposed of, directing the respondent No.1 to consider and dispose of the Appeal dated

¶39

¶40

20.06.2024 preferred by the petitioner, after providing opportunity of hearing to

¶41

both the parties, in accordance with law, within a period of two (02) months from the date of receipt of a copy of this order.

¶42