Sri V. Naga Venkata Krishna v. The Union Of India
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I 33e31 HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY NINTH DAY OF DECEMBER TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE THE CHIEF JUSTICE ALOK ARADHE AND THE HONOURABLE SHRI JUSTICE ANIL KUMAR JUKANTI WRIT PETITION NO: 34895 OF 2023 Between:
1. Sri V. Naga Venkata Krishna, S/o Occ. Employed, R/o LIG 8440. 2n"
Nagar, Hyderabad - 500062.
. Sri V Subba Rao, Aged. 46 years, Floor, Dream Nest Residency, A.S. Rao Qmt Y. Vijaya Sree, W/o V. N.aga Venkata Krishna, Aged. 46 years, Occ. house wife, Ri/o LIG 8440, 2"o Floor, Dream Nest Resitency, n.S.Rao Nagar, Hyderabad - 500062.
...PETITIONERS AND The Union of lndia, Rep. by its Secretary, Ministry of Law and Justic.,,e, 4h Floor, A-Wing, Shastri Bhawan, New Delhi - 11001 1. Ministry of Health and Family Welfare, Rep. by its Secretary, Nirman Bhawan, New Delhi - 1 1001 '1 .
3. The State of Telangana, Rep. by its Principal Secretary, Health, Medical and Family Welfare Departmenl, Secretariat, Hyderabad.
4. The Additional Director, ART and Surrogacy, DME Building, Third Floor, Koti, Hyderabad.
5. The District Medical Health Officer, lVedchal-Malkajgiri District Hyderabad ...RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or orders more particularly one in the nature of writ of Mandamus to set aside the amendment made to Form-2 1 ((dXl)) of The Surrogacy (Regulation) Rules 2022 of the corresponding Rule 7 of The Surrogacy (Regulation) Act 2021 vide notification No. GSR 1 79 (F) dt.1 4{32O23, prescribing and substituting the words "Couple undergoing Surrogacy must
have both gamete from the intending coupre and donor gametes is not a owed.,, which, prior to substitution read as: "(d) the .fertilization of a donor oocyte by the sperm of the husband." as it is arbrtrary and in violation of the principles of natural justice under Article 14 of the constitution of lndia and in violation of the petitioners' right to parenthood under Article 21 of the constitution or lndia and consequently allow the petitioners to use a donor oocyte/Egg for the fertilization by the sperm of the Petitioner No. l for surrogacy. lA NO: 1 OF 2023 Petition under Section 151 cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be preased to grant stay o[ the amendment i.e.
, paragraph 1(d) in Form 2 which is the consent of the surrogate mother and Agreement for surrogacy (Reguration) read with Rule 7 of the Surrogacy (Reguration) Rures 2022 made under the Surrogacy Act and allow the Petitioners to proceed with the process of surrogacy using a donor oocyte/Egg in the interest of justice pending disposar of the above writ petition. Counsel for the Petitioners: MS. RACHNA S WADDEPALLI Counsel for the Respondent No.1 and 2: GADI PRAVEEN KUMAR, Dy. SOL|C|TOR GEN. OF tNDtA Counsel for the Respondent No.3 to 5: MS. K.
THE HON'BLE THE CHIEF JUSTICE AI.OK ARAI)HE AND THE HON'BLE SHRI JUSTICE ANIL KT'MAR JITKANTI WRIT PETITION No.34895 of 2023 ORDER: eer LtLe llotl bte thc Chef Justica) AIok AraAhe) Ms. Rachna S. Waddepa-lli, learned counsel for the petltloners.
Mr. Gadi Praveen Kumar, learned Deputy Solicitor General of India for respondents No.1 and 2.
Ms. K.Mahalakshmi, learned Assistant Government Pleader lor Health, Medical & Family Welfare Department for respondents No.3 to 5.
2.
Learned Deputy Solicitor General of India has invited the attention of this Court to the order dated 05. 12.2023 passed by the Supreme Court in W.P (Civil).No.756 of 2022 and submits that the issue with regard to the validity of the amendment to thc Surrogacy {Regulation) Ru1es, 2022, is already pending adjudicertion before the Supreme Court
3.
In view of the fact that the vaJidity of the amendment to the Surrogacy (Regulation) Rules, 2022, is under challenge before the supreme court, Iearned counsel for the petitioners seeks leave of this Court to withdraw the writ petition with the liberty to approach the Supreme Court.
4.
Accordingly, the writ petition is dismissed as n,ithdrawn with the liberty as aforesaid.
Miscellaneous applications pending, if any, shall stand closed However, there shall be no order as to costs SD/- K.AMMAJI ASSISTANT RFGISTRAR l/ SECTION OFFICER To, //TRUE COPYII I ils 33 3 #lB*?"#r t ryeoo"pa,i, Advocate 'opucr ^ sorrc(or cenerat "f t"diJ?fp[Elar, Dy. Soticitor benlo-t,rndia, Deputy , ,lyo u{_:s to cp for Health, Medical and Familv We _ 9ourt for the State of Te 4 r wo cD copies ra'isani, lt fivi"## rffil+it" Department' Hish TJ GJ \)-
HIGH COURT DATED:2911212023 r\e S TAfe k Jc [ 3 li 2!24 o .b, .+ * (.li \
ORDER
9Es.:p;ir;u WP.No.34895 of 2023 DISMISSING THE WRIT PETITION AS WITHDRAWN WITHOUT COSTS.
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