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High Court for State of TelanganaPIL/27/2015closed no costs

Bakka Judson S/O Bakka Devaiah v. The State Of Telangana

2015-02-163 pages

HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH THE HON'BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON'BLE SRI JUSTICE SANJAY KUMAR PUBLIC INTEREST LITIGATION No. 27 OF 2015 DATE: 16.02.2015 Between:

Bakka Judson ... Petitioner And The State of Telangana, rep., by its Principal Secretary, Health, Medical & Family Welfare Department, Hyderabad & others.

... Respondents This Court made the following:

THE HON'BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON'BLE SRI JUSTICE SANJAY KUMAR PUBLIC INTEREST LITIGATION No. 27 of 2015 ORDER: (Per the Hon'ble the Chief Justice Sri Kalyan Jyoti Sengupta) This writ petition has been filed questioning the decision of the Government for shifting the T.B. and Chest Hospital, which is located in Hyderabad city to a place called T.B. Sanatorium, Anantagiri, Vikarabad, Ranga Reddy District.

It appears that at Vikarabad there is a T.B. Sanatorium. Steps are being taken now for improvement of the existing Sanatorium so that the present T.B. and Chest hospital at Erragadda, Hyderabad, may be shifted to that place. According to us, in the writ petition nothing has been shown as to how this Government decision is illegal and unconstitutional.

Learned counsel for the petitioner says that even in an administrative decision, there must be a reason as to why such decision was taken.

We think that all administration decisions do not require reasons to be spelt out in the order itself, unless such decision affects any individual or group of individuals' substantive right. Shifting of the existing T.B. and Chest hospital to another place does not affect any one's right. May be, Doctors and staff may face some inconvenience. According to us, it is for the Government to consider the convenience

and inconvenience of the people at large. However, there is no harm for the Government to consider the petitioner's suggestion. Therefore, we close the writ petition giving liberty to the petitioner to make a suggestion in writing in this regard and the Government may look into the same in accordance with law. Pending miscellaneous petitions, if any, shall also stand closed. No order as to costs.

___________________ K.J. SENGUPTA, CJ ___________________ SANJAY KUMAR, J Date: 16.02.2015 ES