EMMANNENI CHIRAGEEVI RAO Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief:

(2.) Brief facts of the case are that the Government of Andhra Pradesh sanctioned establishment of Primary Health Centre (PHC) in Prasangulapudu village in the year 1988. The petitioner had donated land with a service motive for the purpose of making construction of PHC, that all the villagers in Prasangulapadu and also people from nearby villages namely Pothavaram, Kaavurivaripalem, Anubroluvaripalem, Pamidipadu, Kanagalavaripalem, Rachapudi, Mallampativaripalem and Kallagunta, would get primary health. Accordingly, the PHC was built by the Government of Andhra Pradesh. The PHC was granted under "Telugu Grameena Kranthi Padakam" where under 30% of the cost of the construction will have to be borne by the villagers by way of donation and the government would contribute the remaining 70% of the cost of constructions. Various pupils have donated money and material for the purpose of construction of the said PHC. Thus, the villagers have vested interest in PHC. While so, the Government has sanctioned 92 lakhs in the year 2014 towards further development of primary health center and the same was also granted by subsequent governments. While things stood thus, the Government intends to shift the Primary Health Center from Prasangulapadu village to Pamidipadu village. The distrance between Prasangulapadu village to Pamidipadu village is thirty (30) kilometres. The 1st respondent issued proceedings vide Memo No.206860/H2/2016, dtd. 2/9/2018 permitting to shift the PHC from Prasangulapadu village to Pamidipadu village. Hence, the petitioner made representation to the 3rd respondent having obtained 274 signatures of villagers requesting the authorities not to shift the PHC and to use the grant of 92 lakh for the development of PHC. But no action has been taken. Aggrieved by the inaction on the part of respondents in shifting the primary health centre, the present writ petition has been filed.

(3.) This Court, vide order, dtd. 20/2/2017 has granted stay of all further proceedings pursuant to issuance of Memo No.206860/H2/2016, dtd. 2/9/2016 issued by the 1st respondent.