This case involves a writ petition filed by a dietician against the Regional Medical Officer alleging harassment via a legal notice. The High Court found the petition premature and lacking merits, dismissing the application without issuing any writ.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
TUESDAY, THE SEVENTEENTH DAY OF AUGUST TWO THOUSAND AND FOUR
PRESENT
THE HON'BLE DR JUSTICE G.YETHIRAJULU
WRIT PETITION NO : 14512 of 2004
Between:
V. Lakshmana Gupta S/o. Veeramohan Rao R/o. 17-11-63, Maharanipeta, Visakhapatnam.
..... PETITIONER
AND
1. Regional Medical Officer, King George Hospital, Visakhapatnam.
2. Superintendent, King George Hospital, Visakhapatnam
3. The Commissioner of Police, Commissioner's Office, Visakhapatnam.
4. Smt. Dr. K. Neelima R/o. 11821, Chase Wellesley, Dr. APT"826, Richmond, Virginia 23233, USA.
5. K. Balakrishna D.No.70-3-3/2, Opp. Brahmamgari Gudi, Patamata, NSM School Road, Vijayawada.
.....RESPONDENTS
Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to Issue any writ, order or direction more in the nature of writ of Mandamus declaring the action of the 1st respondent as null and void and pass such other order or orders as the Hon’ble court may deem fit and proper in the circumstances of the case.
Counsel for the Petitioner: MR.V.H.V.R.R.SWAMY
Counsel for the Respondent Nos.1 &2: GP FOR MEDICAL HEALTH & FAMI.WELFARE
Counsel for the Respondent Nos.3 to 5: None appeared
The Court at the stage of admission, made the following :
ORAL ORDER
The petitioner is seeking a writ of Mandamus by way of an order declaring that the action of the first respondent as null and void. The first respondent is the Regional Medical Officer of King George Hospital, Visakhapatnam. The petitioner is working as a dietician in the cadre of Junior Assistant in King George Hospital, Visakhapatnam. The petitioner contends that the first respondent is harassing him by asking him to withdraw a legal notice issued by him to a House-Surgeon (fourth respondent) claiming Rs.5 lakhs towards damages. The petitioner concedes that so far he did not receive any communication from the first respondent leading to any amount of harassment.
The writ petition is premature. Hence, the writ petition is dismissed as devoid of merits. No order as to costs.
17TH AUGUST 2004
*TSNR
To
1. Regional Medical Officer, King George Hospital, Visakhapatnam.
2. Superintendent, King George Hospital, Visakhapatnam.
3. The Commissioner of Police, Commissioner's Office,
Visakhapatnam.
4. Two CCs to G.P for Medical and Education
5. Two C.D.Copies
3 issues framed by the court
Whether the writ petition is premature and lacks prima facie merits to sustain the petitioner's claim of harassment through a legal notice.
Whether a declaration of nullity of the respondent's action can be issued at the admission stage given petitioner's concession of no harassment.
Whether the petition is justiciable considering the nature of the dispute and current facts.
1 provisions across 1 enactments
V. Lakshmana Gupta
Regional Medical Officer, King George Hospital, Visakhapatnam
Superintendent, King George Hospital, Visakhapatnam
The Commissioner of Police, Commissioner's Office, Visakhapatnam
Smt. Dr. K. Neelima
K. Balakrishna
G. Yethirajulu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
