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High Court for State of TelanganaWP/24904/2017disposed of no costs

Smt.Thota Venkayamma v. State Of Telangana,

2017-08-01Challa Kodanda Ram2 pages

THE HONOURABLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No.24904 OF 2017 ORDER:

This writ petition is filed by the petitioner seeking the following relief - "...to issue a Writ of Mandamus, or any other appropriate writ, order or direction, declaring the action of the respondents in issuing a Letter dated 25.07.2017 directing the petitioner to get the consent of the wife of the petitioner's son Thota Rambabu for the purpose of enabling her to donate a kidney to her son Sri Thota Rambabu (Patient UH ID No.1010396599) contrary to the provisions of the Transplantation of Human Organs Act, 1994 and the Rules 2014 made thereunder, as illegal and arbitrary and further direct the 2nd respondent to perform the surgery basing on the documents executed by the petitioner and the recipient Sri Thota Rambabu and pass such other order or orders as may deem fit and proper in the circumstances of the case."

2) When the matter is taken up for hearing, learned counsel for the petitioner and the learned counsel appearing for the 2nd respondent submit that the matter is squarely covered by the judgment of the Hon'ble Supreme Court reported in Samira Kohli v. Dr.Prabha AManchanda and Another1 as well as the order of the learned single Judge of this Court in Writ Petition No.35796 of 2016, dated 28.10.2016.

3) In the circumstances, recording the submission made by both the learned counsel, without expressing any opinion, the Writ Petition is disposed of in terms of the judgment of the Hon'ble Supreme Court in Samira Kohli case (1 supra) and the Order 1 (2008) 2 SCC 1

dated 28.10.2016 passed by the learned Single Judge in W.P.No.35796 of 2016.

4) Consequently, Miscellaneous Petitions pending, if any, in this writ petition, shall stand closed. There shall be no order as to costs.

____________________________________ JUSTICE CHALLA KODANDA RAM Date:01.08.2017.

Note:

Issue C.C. in two days.

B/o.

Ssv