Disposed

Rapolu Bhaskar Netha v. The State of Telangana

Telangana HC22 Apr 2022WP(PIL)/39/2019

Case brief

AI extract

What is this about?

The High Court of Telangana disposed of a PIL filed seeking writs to compel Government hospitals to treat Swine flu, Malaria, and Dengue, and direct civic authorities to curb mosquitoes. The Court was satisfied with the State Government's affidavit regarding steps taken.

What did the court decide?

The writ petition was closed without costs; respondents directed to continue preventive steps against mosquito-borne diseases.

Rapolu Bhaskar Netha Vs The State of… — Constitutional and Fundamental Rights | Telangana HC (2022)

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

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FRIDAY,THE TWENTY SECOND DAY OF APRIL TWO THOUSAND AND TWENTY TWO

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PRESENT

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HONOURABLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA AND THE HONOURABLE SRI JUSTICE ABHINAND KUMAR SHAVILI

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TAKEN UP WRIT P ETITION (PIL) NO : 39 OF 2019

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Between:

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Rapolu.Bhaskar Nellp, Advocate Flat No. 50i, Vaishnavi Nest Apartments, Beside lkon Hospital Dilsukhnagar, Hyderabad-60

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...PETITIONER

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AND

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The.state of relangana, Represented by its principar Secretary, Medicat and Health Department, Secretariat, Hydera6ad.

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The commissioner of Hearth and Famiry werfare, Government of relangana, Hyderabad.

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Telangana Vaidya Vidhana parishad, Represented by its Commissioner, Hyderabad.

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Osmania General Hospital, Represented by its Superintendent, Hyderabad.

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Nizam lnstitute of Medical Science (NllMS), Represented by its Director, Hyderabad.

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Gandhi Hospital, Represented by its Superintendent, Secunderabad.

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The State of Te_langana, Rep_resented by its principal Secretary, Municipal Administration Department, Secretariat, Hyderabab.

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B. Greater Hyderabad Municipal Corporation, Represented by its Commissioner, Tank Bund, Hyderabad.

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Union Of lndia, Represent by its Principal Secretary Health and Family Welfare New Delhi

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(l.Q jq ^S.uo^{Moto lmpleaded as per Court Order Dated 30 04 2019in Wp(ptL)} 3912015)

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...RESPONDENTS

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Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the letters dt. 19.11.2018 and 27.11.2o18, the High court may be pleased to issue an appropriate writ, order or orders more particularly

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one in the nature of wr,it of. r\rrandamus to ca, for.remarks and records from the faciritres responde.ts in Government herein retating. to ,";l; ;;;r""i,"" ,,n providing adequare IVeoicat .uospitats^{in"'i;" s;;'of-Terangana.} whicn are not re o islases^{"r"iru"SJ,]n"} :[::'$1i:ii:11# +;t rru, Mara ria Dens ue rl,ers [Ulru:lir1i:Tffi .;Tl:%,:rrxff [ii"':'",",#&:x#i,:r ,:? peopte and arso to takl aa"qr"i"- r;;;;;;;;,ilrrsJ:Jl.ttT;fl i^i.ilfl:J: ;fiii,lls:i1:i ,:,1?i?ll,i,TIt;:,Jifl:",",,,#^the civic ,,,o,iti"J,it"o.,r of the above diseases H"n"", ini. ;;i;iJ,tJr;"'fl""T B,; i1:"J.:"rri:ff: :;.f;ffHi1,,".1,""?'.l;,ilg^{,.".pono"nt.'i",.liniol,rrins preventive} measures to vuncp'aa"uii;;;;,"il';::,i"{i:lqi:H::"1:*,:J;,.:[1[l#iT,i#; responsible for the occurrence of tne aoov";;;r;,. and to pass

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Counset for the petitioner:SRl. KOWTURU PAVAN KUMAR

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counser for the Respondent Nos. 1 to 4 & 6: Gp FoR MEDTCAL & HEALTH

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Counsel for the Respondent No. 5: SRl. G. ANANDAM, SC FOR NIMC

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SiExf,J:;ff#TEi,?0"",^{No. 7: Gp FoR MUNrcrpAL} ADMINrsrRAnoN &

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3;ilE",for the Respondent No. 8: SRt. L. VENKATESWARA RAo, sc FoR

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36[iEi+JH3.",,lEHflndent^{No. e: sRr.N. RAJESHWAR} RAo, ASSr.

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The Court made the following:

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THE HON'BLE THE CHIEFJUSTICE SA-I'ISH CHANI)RA SHARMA

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AND

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THE HON'BLE SRI JUSTICE ABI IINAND KU I{AR SHAVILI \VRTT^(PII,I PI]TI ION No.39 of 2019

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ORDER: (Per Hon'ble S Justice Abhinand Kttntar Shrvili)

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This writ petition is filed seeking the following

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relief:

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'... ... to issue an appropriate^lVrit, Order or Orden more particularly one in the nature of Writ of Mhndamus to call for remarh and recorrCs from the respondents herein relating to and in connection with providing adequate Ivledical facilities in Govemment Hospiuls in the State of Telangana, which are not equipped properly to treat the diseases like Swine. Flu, Ir4rlrria, Dcngue feven erc., especially in the Twin cities, due to which majoricy of the patients affected are forced to get admitted in private hospitals, which are collecting huge amounts from the poor people, since it is the dury of the Govemment to provide free rnedical aid to is people and also to take adequate preventive measures to curb the rrrcnace of Swine flu, N4alaria, Dengue, Tlphoid etc., by directing the civic authorities to &al with the menace of mosquitoes, r,hich are primarily respomible for the occurence of the above diseases. C-onsequenrly, rhis Ftron'ble Coun may be pleased to issue necessary directions to the rcspondens herein for taking preventive measures to curb the menace of Swine Flu, )Malaria, Dengue, Typhoid etc., and funher direct the

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Municipal authorities to deal with the^men"rce o[ mosquitoes, r4rich are primarily responsible lor thc occurence of the above diseases and to pass^suctr other order or order: as this Hon'ble C-oun may^deenr fit^and proper in the circumsances of the case.'

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Heard Sri Kowturu Pawan Kunur, leamed

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counsel for the petitioner, leamed Govemment^Pleaderfor Medical ancl Health appearing for respondents I to 4^{and 6,} leamed Govemment Pleader for Municipal^{Admimstr.rtion} appearing 1.or respondent No.7, Sri L.Venkateswara^Rao, learned Standing Couruel for GHMC appearing for respondent No.S and Sri G.Anandam, leamed Standing Counsel appearing for respondent No.5. Sri S.Nianjan Reddy, leamed Senior Cainsel s/as appointed as^Amicus curiae to assist the Coun.

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The issue involved in the present Public Interest Litigation is, rampant spread of Malaria, Dengue and other communicable diseases in the State as the State is not taking effective steps in controlling mosquitoes and other insects.

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(li 'l'he Sratc Governmcnr has trlcd Srarus Rcports frorn dme to rime and informed the Court various stcps raken bf it in order to control the spread of N{alaria and Dengue fevers. The 3'd respondent has filed a reporr on 29.03.2022, wherein it was stared rhat general pre-monsoon (pre season) measures/activities were under taken in the year 2021 and the State has conducted monsoon preparedncss rcr-iew meeting for transmission season rvith all the District Programme Officers of Narional Vector Bornc Diseases Programme kom 21,"' ro 28'h Ja.uary, 2A21 and State has takcn effective steps for prevention and control of Dengue and 27 Inter-sectoral Co-ordination Commirtee meerings rvere conducted in the Districts for prevention and control of Malaia and Dengue fevers an{ the State has takcn preventive steps to control Dengue and Chikungunya and the State has consrituted Rapid Response Teams to controi all the Vector borne diseases. The Statc is also conducting t

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sun'elUancctoensurcthattherervouldnotbespreaclof mos<;uitocs^{ancl othet inscctsrvhich arc causingt'{alaria'} Denguc ancl^{other discascs.}

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Flaving regarcl to^{the Report dated29'03'2022} filcd by the^{StateGovernmentinforming thc Courtthat} effectjve steps^{are being taken by them in orrier to control} Vcctor Bornc^{diseases, this Court is satisfied with the steps} taken by it and^{thercfore, no furtherorder needs to be} passcd in^{rhis \l'rir Pedtron.}

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Accordingl,v, tjre^{\X/rit Peritionis closed' The} respondent-State^{is clirectedto continue to take steps for} preventing spread^{of Mosquitoesand other Vector borne} Diseases. No^costs.

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Before departing^{with the case, We appreciatethe} efforts o[ the^{learned Senior CounselSri S'Niranfan Reddy'} who has assisted^{as Amicus curiae.}

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Miscellaneous peritions,^'[ any, pending shall stand

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closed.

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//TRUE COPY/i

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Sdi. TS. SRINIVAS DEPUTY ASSI9TANT l/a SECTION OFFICER

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To, '1. One CC to Sri. KoMuru Pavan Kumar, Advocate tOpUCl 2. One CC to Sri. L. Venkateswara Rao, SC for GHMC tOpUCl 3. One CC to Sri.G. Anandam, Advocate tOpUCl 4. One CC to Sri.S. Niranjan Reddy, Advocate [OpUC] 5. Two CCs to GP for Medical & Health, High Court for the State of Telangana. lourl

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1. Two CCs to GP for Municipal Administration & Urban Development, High Court for the State of Telangana. [OUT]

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1. Two CD Copies. 8. One Spare Copy

PMA.-

HIGH COURT

DATED: 0810712022

ORDE:R

1\1 g ST.4 i6:
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SEP ?tt77
if 14
JJ
-4.

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WP(PIL).No.39 of 2019

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Closing the WP(PIL) without costs.

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"\ q-#

Rapolu Bhaskar Netha v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Rapolu Bhaskar Netha v. The State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

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