Writ petition by a minor suffering from Gaucher disease seeking a mandamus to provide Enzyme Replacement Therapy as a right under Article 21 was dismissed for non-prosecution after the petitioner failed to appear on two consecutive listings.
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HIGH COURT FOR THE S ATE OF TELANGANA AT HYDE BAD (Special Original urisdiction)
TUESDAY, THE FOUR H DAY OF MARCH TWO THOUSAND A D TWENTY FIVE
PRES T
THE HONOURABLE SRI JUSTI E NAGESH BHEEMAPAKA
WRIT PETITION NO 25302 0F 2019
Between:
Banoth Dhanush Nayak, S/o. Banoth Na father and natural guardian Banoth Naresh, H-No.7-5, Gopa Tanda Sarvaram, Kothagud
sh, Aged 2 years Represented by his /o. Banoth Lakhpathi, Occ Farmer Rl/o m, Khamam Telangana-5071 20
.....PETITIONER
AND
.....RESPONDENTS
Petition Under Article 226 of the nstitution of lndia praying that in the circumstances stated in the affidavit file therewith, the High Court maybe pleased to issue a Writ, order or direction more particularly one in the nature of Writ of IVANDAMUS, declaring the inactio of the Respondents No.. 1 to 6 in not
,/
providing medical treatment of Enzyme Replacement Therapy with recombinant imiglucerase enzyme called as Cerezyme to the Petitioner to heal Gaucher disease as unjust and u nconstitutional being violative of Article 21 ofthe Constitution of lndia and to consequently direct the Respondents toprovide medical treatment of Enzyme Replacement Therapy withrecombitant imiglucerase enzyme called as Cerezyme to the Petitioner toheal his Gaucher drsease at Respondent No. 7 Hospital or any hospital.
|.A.NO:1 OF 2019
Petition Under Section'l 51 CPC praying that in the circumstances statedin the affidavit filed in support of the petition, the High Court may bepleased to direct the Respondents 1 to 6 to forthwith provide medical treatment medical treatment of Enzyme Replacement Therapy with recombination imiglucerase enzyme called as Cerezyme to the Petitioner to heal his Gaucher disease at Respondent No. 7 hospital or any hospital as directed by the Hon'ble Court.
Counsel for the Petitioner : M/s V.MEENAKSHI
Counsel for the Respondent Nos.'1, 3, 5 & 6 : G.P FOR MEDICAL HEALTH AND FAMILY WELFARE
Counsel for the Respondent No.2 : SRI N.RAJESHWAR RAO
Counsel for the Respondent No.4 : SRI P.KISHAN RAO
Counsel for the Respondent No.7 : SRI G.ANANDAM
The Court made the following ORDER
HON'BLE SRI JUSTICE GESH BHEEMAPAKA
WRfT PETITION No 25302 of 2Ol9 ORDER:
When the matter was on aken up for hearing 19.02.2025, there was no re resentation on behalf of petitioner, hence, it was directe to be listed on 03.03.2025 under the caption 'for dismiss '. Even today, there is no representation on behalf of peti oner
Consequently, miscellaneo s applications pending, if
any, in the writ petition, shall s d closed
SD/- A .JAYASREE ASSISTANT REGISTRAR //TRUE C PYII
\
SECT N OFFICER
To
SA TKS
HIGH COURT
DATED:0410312025
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ORDER
WP.No.25302 of 2019
DISMISSING THE W.P
FOR NON_ PROSECUTION
WITHOUT COSTS.
2 provisions across 2 enactments
Banoth Dhanush Nayak
Union of India, Ministry of Health and Family Welfare
State of Telangana
State of Telangana, Health, Medical and Family Welfare
Telangana State Medical Services and Infrastructure Development Corporation
Directorate of Medical Education, Telangana
Nagesh Bheemapaka
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
