Rudhira Health Organisation, v. Dr. B. Kishore,

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH FRIDAY, THE TWENTY THIRD DAY OF JANUARY TWO THOUSAND AND FIFTEEN

Present

Between:

Rudhira Health Organization, 3-6-10/A, 1st Floor, Anasuya Commercial Complex, Liberty Road, Himayathnagar, Hyderabad, Rep. by its President K. Purnachander, S/o. K. Sudhakar .. Petitioner AND The Project Director, Dr. B. Kishore, Telangana State AIDS Control Society, Sulthan Bazar, Koti, Hyderabad.

.. Respondent The Court made the following:

ORDER:

W.P.No.7088 of 2014 was filed alleging that though the petitioner organization has applied for issuance of No Objection Certificate for establishing a voluntary Blood Bank and its application was not considered and no orders are passed. Having regard to the said submissions, the writ petition was disposed of, without expressing any opinion on merits, directing the second respondent i.e., the Project Director, A.P. State Aids Control Society, Hyderabad, to pass orders on the request of the petitioner to issue No Objection Certificate to establish voluntary Blood Bank in Warangal. Alleging that the said order of this Court is not complied, this contempt case is filed.

2. In the counter affidavit filed by the respondent, it is averred that the application of the petitioner, dated 10.02.2014, was received by the respondent on 11.02.2014. The proposal to grant No Objection Certificate was put up for consideration in the 36th meeting of the State Blood Transfusion Council held on 26.02.2014. On consideration of the said application of the petitioner, the Board has taken a decision to defer the request of the petitioner for grant of No Objection Certificate. The said fact was also intimated to the petitioner in the letter, dated

10.03.2014. This fact was not placed before this Court when the writ petition was considered. Having regard to the fact that the application of the petitioner, dated 10.02.104, was already considered and a decision was taken not to grant the No Objection Certificate, it cannot be said that there is deliberate and wilfull violation by respondent in complying with the orders issued by this Court on 11.03.2014 in W.P.No.7088 of 2014.

3. The Contempt Case is, accordingly, closed leaving it open to the petitioner to work out its remedies. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this contempt case shall stand closed.

_________________ P.NAVEEN RAO, J Date: 23rd January, 2015 KL

Date: 23rd January, 2015 KL