HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

THURSDAY, THE TWENTY FOURTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY

:PRESENT:

THE HON'BLE THE CHIEF JUSTICE SRI RAGHVENDRA SINGH CHAUHAN AND THE HON'BLE SRI JUSTICE B.VIJAYSEN REDDY

<u>WP(PIL) NOS: 56, 58, 59, 61, 78, 82, 91, 92, 96,</u> 111, 140, 142, 146, 154, 156, 160, 163, 168, 182 & 197 OF 2020

WP(PIL). No. 56 of 2020

Between:

Mr. R. Sameer Ahmed, Advocate, 1^st Floor, 10-3-311/2/A/3/A, Castle Hills Road No.1, Behind NMDC, Masab Tank, Hyderabad 500 057

...Petitioner

AND

• 1. State of Telangana, Rep. by its Chief Secretary. Secretariat, Hyderabad.
• 2. State of Telangana, Represented by its Principal Secretary. Medical and Health Department, Secretariat, Hyderabad.
• 3. State of Telangana, Represented by its Principal Secretary, Municipal Administration and Urban Development, Secretariat, Hyderabad.
• 4. The Commissioner, Greater Hyderabad Municipal Corporation, Tank Bund Road, Hyderabad.
• 5. State of Telangana, Represented by its Principal Secretary, Home Department, Secretariat, Hyderabad
• 6. The Director General of Police, State of Telangana, Lakdikapool, Hyderabad.
• 7. The Commissioner of Police, Cyberabad Commissionerate at Hyderabad.
• 8. The Commissioner of Police, Hyderabad city, Basheerbagh, Hyderabad.
• 9. State of Telangana, Represented by its Principal Secretary, Revenue Department, Secretariat, Hyderabad.

...Respondents

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Letter dated 27.03.2020 sent by the petitioner herein through email, the High Court may be pleased to issue an appropriate Writ, Order or Orders more particularly, one in the nature of a Writ of Mandamus to call for remarks from the Respondents herein relating to and in connection with "protecting the lives of the Doctors and their assisting staff in putting their life at risk by not providing complete Personal Protection Equipment i.e., N-95 Respirator Mask, Face shield, goggles, Corvell/ Gowns, Shoe covers, Head covers etc., while testing reasonable suspects and patients of Epidemic/Pandemic COVID-19", since the Government of Telangana has directed the Medical Practitioners/ Civil Assistant Surgeons serving in all Primary Health Centres (including Urban Primary Health Centres) to physically visit the residence of each suspect, examine and conduct counseling to reasonable suspects and the vulnerable family members having the recent history of traveling from abroad and that the said Officers are directed to continue the same activity on daily basis till the completion of 14 days of incubation period, as the State is duty bound to protect the lives of the Doctors and their assisting staff who are putting their life at risk without being provided complete Personal Protection Equipment i.e., N-95 Respirator Mask, Face shield, goggles, Corvell/Gowns, Shoe covers, Head covers etc., which amounts to sheer infringement of their Right to life enshrined under Article 21 of the Constitution of India

This petition coming on for hearing, upon perusing the Letter dated 27.03.2020 sent by the petitioner herein through email and upon hearing the arguments of Advocate General on behalf of Respondent Nos. 1 to 3 and 5 to 9 and of Sri N. Ashok Kumar, Standing Counsel for Respondent No. 4,

WP(PIL) NO: 58 OF 2020

Between:

Sri. P. Thirumala Rao, Advocate Enrolment No. (AP/423/2000) Advocate Code - 8365 Mobile -9440553070 Email id – [email protected]

...Petitioner

AND

• 1. Union of India, rep. by its Secretary Department or Medical and Health, Central Secretariat, New Delhi.
• 2. Indian Council of Medical Research (ICMR), COVID-2019, New Delhi.
• 3. State of Telangana, Rep. by its Chief Secretary. Secretariat, Hyderabad.
• 4. State of Telangana, Represented by its Principal Secretary, Medical and Health Department, Secretariat, Hyderabad.
• 5. The Director of Medical and Health, Government of Tetangana, Koti, Hyderabad.

....Respondents

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, Order or Orders more particularly, one in the nature of a Writ of Mandamus to call for remarks from the Respondents herein relating to and in connection with Government imposing charges For COVID-2019 test on patients in this lockdown circumstances by private laboratories upto Rs.4,500/- is grossly arbitrary and discriminatory which would Frustrate and defeat the very purpose and objective of the Government and the Governments (both Central and State) ought to assure and undertake the Full responsibility of providing to the citizens, the treatment For COVID-19 CORONA VIRUS Free of cost at private medical laboratories and private medical establishments and to call for a status report on the diagnostic tests undertaken and treatment of COVID-19 patients, from the concerned authorities and to direct the Union of India and the State of Telangana to provide for diagnosis and treatment to patients suffering from CORONA VIRUS, Free of cost at private medical laboratories and private medical establishments

The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of Sri P. Thirumala Rao, Party in person and of Sri Namavarapu Rajeshwar Rao, Assistant Solicitor General on behalf of Respondent No. 1 & 2 and of Sri B.S. Prasad Advocate General on behalf of Respondent Nos. 3 to 5

WP(PIL) No. 59 OF 2020

Between:

• Prof. P.L. Vishweshwar Rao, Occ. Convenor, Telangana Democratic Forum and Vice President of Telangana Jana Samithi, R/o. H.No. 33-23/1, Officers Colony, Rama Krishnapuram, Secunderabad – 500056.
• 2. Dr. Cheruku Sudhakar, MBBS, S/o. Usha Goud, Occ. Doctor. H.No.14-70, V.T. Colony, Nakrekal, Nalgonda District. Telangana State 508211

...Petitioners

AND

• 1. Union of India, Ministry of Health and Family Welfare, Maulana Azad Road, Nirman Bhavan, New Delhi 110011.
• 2. The State of Telangana, Rep by Chief Secretary, Telangana Secretariat, B. R. K.R. Bhavan, Hyderabad.
• 3. The State of Telangana, Rep by its Principal Secretary to the Medical and Health Department, Telangana Secretariat, B. R. K.R. Bhavan, Hyderabad.
• 4. The State of Telangana, Rep by its Principal Secretary to the Finance Department, Telangana Secretariat, B.R.K.R. Bhavan, Hyderabad.
• 5. The State of Telangana, Rep by its Principal Secretary to the Civil Supplies Department, Telangana Secretariat, B. R. K.R. Bhavan, Hyderabad.
• 6. The State of Telangana, Rep by its Principal Secretary to the Labour Department Telangana Secretariat, B. R. K.R. Bhavan, Hyderabad.
• 7. The Commissioner and Director, Medical and Health Department, Koti, Hyderabad, Telangana.
• 8. The Commissioner, Civil Supplies Department, Civil Supplies Bhavan, H.No.6-3-655/1/A, 3^rd Floor, Punjagutta Road, Somajiguda, Hyderabad, Telangana.

9. The Labour Commissioner, State of Telangana, T. Anjaiah Bhavan, RTC X Road, Hyderabad.

...Respondents

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed herein, the High Court may be pleased to issue a Writ. Order or Direction more particularly one in the nature of Writ of Mandamus in declaring the inaction of the respondents in providing proper quarantine to the passengers, who came from Abroad to Telangana from 1st February, 2020 to 25th March, 2020 for 14 days and non-providing Medical Personal Protective Equipment (PPE), N-95 Masks to the Doctors, Para-Medical Staff, who are working in the Medical field in prevention of Spread of Covid-19 in the State of Telangana and also in non-import-non manufacture the Medical Equipment like Diagnosis kits of COVID-19, Ventilations, Personal Protective Equipment (PPE). N-95 Masks, Sanitizers etc., in protection of right to life of Public at large, and non-supplying the daily essential goods at reasonable prices like food-grains, vegetables, medicines etc., in door delivery to the public at large and non-providing daily essential food-grains, vegetables, fruits, Masks, medicines, shelter and minimum expenses etc., to the lakhs of Unorganized labour, beggars, Inter-State Migrant Labors, Orphans, Street Children, Destitutes, Nomadic Tribes, Semi -Nomadic Tribes and Hostel Students, who are non-registered in the white card scheme and living in the State of Telangana in the lock down period as illegal. arbitrary, discriminatory, unreasonable, unfair, unjust, unlawful, unconstitutional, whimsical, perverse, mockery and against to an Article 14, 19, 21 of Constitution of India and against to the Provisions of the Epidemic Diseases Act, 1897 and The Inter State Migrant Workmen Act, 1979 and other Labor Laws and against to the Catena of Judgments of an Apex Court and this Honble Court and Consequently, direct the respondents to quarantine the all passengers, who came from Abroad to Telangana by All ways (Airway, Railway and Road Transport) from 1st February, 2020 to 25th March, 2020 for 14 days and direct the respondents to either manufacture or import the large Scale Diagnosis Kits of COVID-I9, N-95 Masks, kits of Personal Protective Equipment (PPE) and Ventilators to protect the lives of Doctors, Para-medical staff and Public at Large of Telangana, who are working in the field of prevention of Spread of Covid-19 and direct the respondents to provide daily minimum needs, like food grains, vegetables, fruits, shelter, N-95 Masks, sanitizers and Minimum Expenses to the lakhs of unorganized labor, beggars, Inter-State Migrant Labour, Orphans, Street Children, Destitutes, Nomadic Tribes. Semi-Nomadic Tribes, Hostel Students, who are non-registered in the white card scheme and living in the State of Telangana and to direct the respondents to supply in door delivery daily need essential goods at reasonable prices like food-grains, vegetables, fruits. N-95 Masks, sanitizers, etc., and also direct the respondents to Diagnosis of COVID-19 to the people at home in lock down period till no COVID-19 Positive get into the record in the State of Telangana

This petition coming on for hearing, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Sri Prabhakar Chikkudu, Counsel for the petitioner and of Sri Namavarapu Rajeshwar Rao, Assistant Solicitor General on behalf of Respondent No. 1 and Sri B.S. Prasad, Advocate General on behalf of Respondent Nos. 2 to 7 and 9, and of Sri A. Jagan, Advocate for the respondent No. 8,

WP(PIL).NO.61 OF 2020

Between:

Sri. K.Karuna Sagar,, Advocate, Flat No.516, 5^TH Floor, SVRS Neeladri Apartments, Champapet, Hyderabad 500035

Petitioner

AND

• 1. State of Telangana, Rep. by its Chief Secretary, Secretariat, Hyderabad
• 2. State of Telangana, Represented by its Principal Secretary, Home Department, Secretariat, Hyderabad.
• 3. The Director General of Police, State of Telangana Lakdikapool, Hyderabad.
• 4. The Commissioner of Police, Bhasheerbagh, Hyderabad
• 5. State of Telangana, Represented by its Principal Secretary, Women and Child Welfare Department, Hyderabad

Respondents

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the letter dated 02.04.2020 sent by the petitioner herein through email, this Hon'ble Court may be pleased to issue an appropriate Writ, Order or Orders more particularly, one in the nature of a Writ of Mandamus to call for remarks and records from the Respondents herein relating to and in connection with the inaction of the State Government to take appropriate steps in providing security to the Doctors and other supporting staff who are treating the COVID-19 patients since the life of citizens are put in danger as a shocking incident that took place 1.4.2020 wherein the duty Doctors treating the COVID-19 patients at Gandhi Hospital. Hyderabad were attacked by the Family members of a deceased COVID-19 patient and destroyed the hospital property by breaking the windows, who developed COV1D-19 positive after attending the Tablight Jamaat meeting at Nizamuddin, Delhi and that though the duty Doctors and staff are working 24/7 for the last one month, this type of inhuman behaviour towards the Doctors and staff is highly condemnable and stringent action should be taken against the miscreants and that this type of incidents took place in Khammam and Nizamabad Districts also and hence nonbailable cases should be registered against the assaulters under IPC, particularly u/s 11 of Telangana Medicare Service Persons and Medicare Service Institutions (Prevention of violence and damage to property) Act, 2008. Consequently, to direct the Respondents herein to take stringent action against the miscreants by registering non-bailable cases under IPC and particularly u/s 11 of Telangana Medicare Service Persons and Medicare Service Institutions (Prevention of violence and damage to property) Act, 2008;

The petition coming on for hearing, upon perusing the letter dated 02.04.2020 filed in support thereof and upon hearing the arguments Sri B.S. Prasad, Advocate General (TG) for the Respondent Nos. 1 to 5, the Court made the following.

WP(PIL). No. 78 of 2020

Between:

AND

• 1. Prof. P.L. Vishweshwar Rao, S/o. Late Ponna Laxmana Rao
• 2. A. Rajendrababu, S/o. Late Nagappa

Petitioners

• 1. The State of Telangana, Rep. by its Chief Secretary, Telangana Secretariat, B. R. K. R Bhavan, Hyderabad.
• 2. The State of Telangana, Rep. by its Special Chief Secretary, Medical and health Department, B. R. K. Bhavan, Hyderabad.
• 3. The State of Telangana, Rep. by its Principal Secretary to the Medical and Health Department, Telangana Secretariat, B. R. K. R Bhavan, Hyderabad.
• 4. The Commissioner and Director, Medical and Health Department, Koti, Hyderabad, Telangana.

Respondents

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus in declaring the action of the respondents in issuing an impugned proceedings Lr. No. 82/Peshi/DME/2020, Dated 20.04.2020, not to collect samples from the dead bodies for further Covid-19 testing in the State of Telangana and not notified the Covid-19 100 Bedded hospitals erstwhile District Head Quarters Or 50 Bedded Hospitals in the Present District Head Quarters other than the Area of Greater Hyderabad Municipal Corporation in protection of the right to life of Urban, Sub-urban and Rural public at large by providing trained staff, medical equipment and medicines as illegal, arbitrary, discriminatory, unreasonable, unfair, unjust, unlawful, unconstitutional, whimsical, perverse, mockery, in human, bad in law, ulterior motive and against to an Article 14, 19, 21 of Constitution of India and against to the Provisions of the Epidemic Diseases Act. 1897 and against to the Disaster Management Act, 2005 and other Acts and against to the Caterina of Judgments of an Apex Court and this Honourable Court.

IA NO: 1 OF 2020

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents to notify the Covid-19 100 Bedded Hospitals in the Head Quarters of erstwhile Districts or Covid-19 50 Bedded Hospitals in the present District Head Quarters other than the Area of Greater Hyderabad Municipal Corporation (GHMC) by providing sufficient trained staff and medical

equipment and also medicines in protection of the right to life of the public at large forthwith, pending disposal of WP(PIL) 78 of 2020, on the file of the High Court.

IA NO: 2 OF 2020

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents to take the samples by Para Medical Staff from the Dead bodies for conduct test of Covid-19 in the State of Telangana, pending disposal of WP(PIL) 78 of 2020, on the file of the High Court.

IA NO: 3 OF 2020

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to suspend an impugned proceedings issued by the 4^th respondent in Lr. No.82/Peshi/DME/2020, Dated 20.04.2020, forthwith, pending disposal of WP(PIL) 78 of 2020, on the file of the High Court.

The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of Sri Prabhakar Chikkudu Advocate for the Petitioners and of Advocate General for the respondents

WP(PIL). No. 82 of 2020

Between:

Dr. K.P. Rajender Kumar, Retd. District Medical and Health Officer, Jogulamba, Gadwal District, Flat No.403, Durga Harmony, H.No.6.3.552/1, Erramanzil Colony, Hyderabad 500 082

AND

Petitioner

• 1. Union of India, rep. by its Secretary Department of Medical and Health. Central Secretariat, New Delhi.
• 2. Indian Council of Medical Research, (ICMR) COVID-2019. New Delhi.
• 3. State of Telangana, Rep. by its Chief Secretary, Secretariat, Hyderabad.
• 4. State of Telangana, Represented by its Principal Secretary, Medical and Health Department, Secretariat, Hyderabad.
• 5. The Director of Medical and Health, Government of Telangana, Koti, Hyderabad.
• 6. Director of Public Health and Family Welfare, Government of Telangana, Hyderabad.

Respondents

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the letter dated 28.04.2020 sent by the petitioner herein through email, the High Court may be pleased to issue an appropriate Writ, Order or Orders more particularly, one in the nature of a Writ of Mandamus to call for records and remarks from the Respondents herein relating to and in connection with issuance of letter bearing No. Spl/COVID/DPHGW/2020 dated 20/04/2020 by the office of the Director of Public Health and Family Welfare, Government of Telangana directing not to take samples and conduct COVID-19 tests on the dead bodies and if that is so cause of the death will not be revealed and there is every likelihood of spreading the virus upon (1) Health Service Providers, .i.e. front line workers i.e., Doctors, Nurses, ANMs, Asha Workers, (2) Family Members and Close Contacts and (3) Funeral Service Providers and also people who came into contact with the deceased, damage the purpose of precautionary measures taken by the Government to safeguard the lives of the public at large, (Recently in Kurnool, samples of deceased Dr. Ismail Hussain, who was a Doctor, and his six family members were found to be COVID-19 positive) and Consequently to direct the Respondents herein to take samples of the dead bodies of Carona virus patients and conduct COVID-19 tests to prevent spreading the virus upon (1) Health Service Providers, Doctors, Nurses, ANM, Asha Workers, (2) Family Members and Close Contacts and (3) Funeral Service Providers and also people who came into contact with the deceased-patient as a precautionary measure to safeguard the lives of the public at large.

The petition coming on for hearing, upon perusing the Petition and the letter dated 28.04.2020 sent by the petitioner herein through email, and upon hearing the arguments of Dr. K.P. Rajender Kumar as party in person and Sri Namavarapu'Rajeshwar Rao, Assistant Solicitor General, for the Respondent No. 1 & 2 and Advocate General for the respondents No. 3 to 6.

WP(PIL). No. 91 OF 2020

Varun Sankineni, S/o Sankineni Venkateshwar Rao

Petitioner

AND

• The Union of India, Rep. by its Under Secretary, Medical and Health Department, (COVID -19) Central Secretariat, Sastry Bhavan, New Delhi
• The Indian Council of Medical Research, (ICM R), Rep. by its Director General, (COVID -19), Health Research Department, Ansari Nagar, New Delhi 110 029
• 3. The State of Telangana, Rep. by its Chief Secretary, (GAD) Dept., Secretariat, Saifabad, Hyderabad.
• 4. The State of Telangana, Rep., by its Special Chief Secretary, Medical and Health Department, (COVID -19), Secretariat, Saifabad, Hyderabad
• 5. The State of Telangana, Rep., by its Prl, Secretary, Medical and Health Department, (COVID -19), Secretariat, Hyderabad.
• 6. The Commissioner and Directorate of Medical and Health Department, (COVID-19) Koti, Hyderabad.
• 7. The District Medical and Health Office, Rep., by District Medical and Health Officer (FAC), Suryapet Collectorate, Suryapet, Suryapet dist., erstwhile Nalgonda District
• 8. The Superintendent of (COVID -19), Gandhi Hospital, Secunderabad,

. Respondents

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ order or direction more particularly one in the nature of Writ of Mandamus, a)declaring that the action of the Respondents in failing to conduct/provide for adequate testing of COVID-19 for the citizens of the State of Telangana and more particularly the residents of Suryapet district of erstwhile Nalgonda district as a constitutional failure of the State duty, violating the citizens fundamental rights including the rights guaranteed under Article 14 and 21 of the Constitution of India and resultantly direct the Respondents. b)To review the testing criteria to include collecting samples and conducting tests of all asymptomatic persons, in the areas affected with the outbreak in the State of Telangana and more particularly the district of Suryapet c) To incorporate Rapid Antibodies Blood Test method in order to exponentially increase the population tested and efficiently identify the areas affects and people carrying the virus who may or may not show any symptoms. d)Consequently speed up the process testing through door to door step sample collection in order to ensure widespread accessibility of the testing facilities. (This will not only increase the number of people tested per million but also ensure the safe collection of samples and proper maintenance of the chain of custody). e)To start Door to Door sample collections and testings of any person showing any signs/symptoms of COVID-19 in Suryapet District, so that testing and quarantine can be done at home instead of travelling to hospitals, therefore minimizing the pressure on the already overburdened hospitals. f)To prepare and make available online data (through a dedicated web-portal), of the areas covered by door to door testing and sample collection and total no. of tests conducted, segregated into two categories i.e., symptomatic and asymptomatic, containing necessary details such as areas covered, total no. persons tested, whether the persons found positive was symptomatic or asymptomatic or with any travel history, etc. g)To direct the Respondents herein to release the test results of the samples collected within a reasonable time-frame and make available the said results on any dedicated web-portal or in the media and award costs to the petitioner herein

IA NO: 1 OF 2020

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to appoint a court monitored expert committee for identifying the extent of testing and for suggesting the localities /zones/municipal/ gram panchayath areas in the State of Telangana and more particularly in the Suryapet district erstwhile Nalgonda district in which steps for rapid testing ought to be undertaken by the Respondents forthwith, pending disposal of WP(P1L) 91 of 2020, on the file of the High Court.

The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of MS Gorantla Sri Ranga Pujitha Advocate for the Petitioner and Sri Namavarapu Rajeshwar Rao, Assistant Solicitor General for the respondent No. 1 & 2 and Sri B.S. Prasad, Advocate General for the respondent No. 3 to 8.

WP(PIL) NO.92 OF 2020

Between:

Naresh Reddy Chinnolla, S/o. Damodar Reddy

AND

Petitioner

• 1. Union of India, Ministry of Health and Family Welfare, Rep. by its Secretary, Nirman Bhavan, New Delhi-110011.
• 2. The State of Telangana, Rep by its Chief Secretary Secretariat, Hyderabad
• 3. The State of Telangana, Rep by its Principal Secretary of Medical and Health Department, Secretariat, Hyderabad.
• 4. The State of Telangana, Rep by its Principal Secretary of Home Department, Secretariat, Hyderabad.
• 5. The District Collector, Nirmal District
• 6. The Superintendent of Police, Nirmal District
• 7. The District Health Officer, Nirmal District

Respondents

Petition filed under Article 226 of Constitution of India praying that in the circumstances stated in the petition and affidavit filed herein the High Court may be pleased to issue Writ Order, Direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in not conducting Covid tests on primary contacts as well as secondary contacts positive patients especially in the Red Zone areas in the state of Telangana and not strictly implementing the regulations that are prescribed in G.O.Ms.No. 45 dated 22-03-2020 as illegal, arbitrary and unconstitutional and consequently direct the Respondents to

• i) Increase the Covid-19 testing capacity by testing primary as well as secondary contacts within all zones and particularly conduct tests for all person(s) within a prescribed radius in the Red Zones as identified by the Government,
• ii) Conduct random testing especially in Red Zones and Orange Zones to tackle the asymptomatic cases,
• iii) Strictly implement measures as prescribed under G.O.Ms.No.45 dated 22.03.2020 by increasing patrolling and surveillance within districts to completely Curb any movement among inter-districts and if required seek assistance from the Government of India for further deployment of forces,
• iv) Formulate and Implement an effective policy dealing with current situation of migrant workers

IA NO: 1 OF 2020

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to forthwith direct the Respondents to conduct covid-19 test primary as well as secondary contacts within all zones and particularly to conduct tests for all person(s) within a prescribed radius in the Red Zones as identified by the Government and strictly implement measures as prescribed under G.O.Ms.No. 45 dated 22.03.2020 such as adequate police forces and central forces and forthwith direct the respondents to take adequate measures that the migrant workers reach their destination/Home towns, pending disposal of WP(PIL) 92 of 2020, on the file of the High Court.

The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of Naresh Reddy Chinnolla as (Party In Person) and Sri B.S. Prasad, Advocate General for the respondents, the Court made the following.

WP(PIL). No. 96 OF 2020

Between:

• Surya Balu Mahendra, S/o Late S. Sudheer Kumar, Aged . 32 years, Occ: Advocate R/o. MIG 418, G2, R. K. Residency, KPHB Colony, Kukatpally, Hyderabad - 500072. Aadhar Number . 402674220948 Pan Number . BOWPS3690K, Mobile Number . 8790747440 Bank Account No. 35655287909 Mail ID. mahendra.suryagmmail.com
• Bala Krishna Mandapati, S/o M. Sambaiah, Aged. 36 years, Occ: Academician R/o Fat No. 502, Ashok Residency, Street Number 6, East Maredpally, Nehru Nagar, Hyderabad-500026, Aadhar number - 281777817877, Pan Number - APLPM9326D Mobile Number -9502265851 Bank Account No. 074750700000809 Mail id. baluktb7Pgmall.com

... Petitioners

7

AND

• 1. The State of Telangana, Rep., by its Chief Secretary, Government of Telangana, Secretariat, Hyderabad.
• 2. The Special Chief Secretary, to Government, Health, Medical and Family Welfare Department, Government of Telangana, Secretariat, Hyderabad.
• 3. The Director of Public Health and Family Welfare. Government of Telangana, Koti, Hyderabad.
• 4. The Commissioner of Health and Family Welfare, Government of Telangana, Koti, Hyderabad.
• 5. The Director of Medical Education, Government of Telangana, Hyderabad.
• 6. The Telangana Vaidya Vidhana Parishad, Rep. by its Commissioner, Koti, Hyderabad
• 7. The Union of India, Rep. by its Secretary, Ministry of Health and Family Welfare, New Delhi.
• Indian Council of Medical Research (ICMR), Rep., by Its Director General V. Ramalingaswami Bhawan, P.O. Box No. 4911 Ansari Nagar, New Delhi - 110029

Respondents

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue Writ or Direction preferably Writ of Mandamus declaring the action of the Respondents No.1 to 6 in not undertaking COVID-19 Testing of Asymptomatic Primary Contacts. Symptomatic Secondary Contacts and other patients with ILI (Influenza like Illness) symptoms in the State of Telangana as per the Guidelines of ICMR Dt.09/04/2020 as arbitrary, opposed to Public Health and in violation of Article 21 of the Constitution of India and consequently direct the Respondents to undertake wide spread COVID-19 Testing in the State of Telangana and also further appropriate measures to curtail the spread of Corona Virus.

IA NO: 1 OF 2020

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 pleased to direct the Respondents No.1 to 6 to forthwith undertake wide spread COVID-19 Testing in the Hotspot Areas in the State of Telangana as per the Guidelines of ICMR Dated 09/04/2020, pending disposal of the Writ Petition (PIL) in the interest of Justice., Pending disposal of WP(PIL) 96 of 2020, on the file of the High Court.

The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.Kowturu Pavan Kumar Advocate for Petitioners, and GP for Medical & Health (TG) for Respondents 2 to 5 and Mr.Navamavarapu Rajeshwar Rao, Assistant Solicitor General for Respondents 7&8, the Court made the following.

WP(PIL) 111 OF 2020

Between:

Amrita Aryendra, D/o Aryendra Kumar,

... Petitioners

• AND
  • 1. State of Telangana, Represented by its Chief Secretary, Secretariat, Hyderabad.
  • 2. State of Telangana, Represented by its Special Chief Secretary, Department of Health. Medical and Family Welfare. Secretariat. Hyderabad
  • 3. State of Telangana, Represented by its Principal Secretary, Medical and Health Department, Secretariat, Hyderabad.
  • 4. The Commissioner and Director, Medical and Health Department, Koti, Hyderabad.
  • 5. The Indian Council of Medical Research (ICMR)., Rep., by its Director General. Health Research Department, Ansari Nagar, New Delhi - 110 029.

... Respondents

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ order or direction more particularly one in the nature of Writ of Mandamus, (i.) Declaring that the action of the State of Telangana in not taking appropriate measures to make all pandemic related data such as the particulars of the total number of tests conducted in the State of Telangana on each particular day, along with a tally of number of positive cases and deaths due to COVID-19 and the area-wise, gender-wise and age-wise segregation of the data, available to the public at large in a comprehensible manner as breach of its Constitutional duties and violative of fundamental rights of the citizens. (ii.) Directing the State of Telangana to have a dedicated web portal

updated on a daily basis containing particulars of a.) Total number of samples tested, reports awaited, number of positive cases, number of active cases, number of cured, number of deaths b.) Number of individuals in Home and Institutional Quarantine c.) Number of symptomatic persons and asymptomatic persons d.) Chronology of Positive cases along with district and present statue e.) District wise distribution of cases f.) Details of passengers (including migrants, persons travelling through railways and airways) g.) Number and areas where Hotspots are situated h.) Age and Gender distribution to date i.) Co-Morbidity status among deaths j) Containment zones in each locality/district/city/area/mandal k.) List of centers/hospitals (government and private) accessible to the public at large to avail voluntary testing and such other information as this Honble Court deems necessary and appropriate (iii.) And award costs to the petitioner herein;

IA NO: 1 OF 2020

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 pleased to direct the Respondent Authorities and in particular Respondent No. 2 to update on a day to day basis all pandemic related data such as a.) Total number of samples tested, reports awaited, number of positive cases, number of active cases, number of cured, number of deaths; b.) Number of individuals in Home and Institutional Quarantine; c.) Number of symptomatic persons and asymptomatic persons; d.) Chronology of Positive cases along with district and present status; e.) District wise distribution of cases; f.) Details of passengers (including migrants, persons travelling through railways and airways); g.) Number and areas where Hotspots are situated; h.) Age and Gender distribution to date; i.) Co-Morbidity status among deaths; j.) Containment zones in each locality/district/city/area/mandal; k.) List of centers/hospitals (government & private) accessible to the public at large to avail voluntary testing and such other information as this Honble Court deems necessary and appropriate, available to the public at large in a comprehensible manner, Pending disposal of WP(PIL) 111 of 2020, on the file of the High Court.

The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of Sri Qazi Salar Massod Aatif Advocate for the Petitioner, and Sri B.S. Prasad, Advocate General for the Respondents

WP(PIL) NO: 140 OF 2020

Between:

Shiva Ganesh Karnati, S/o K. Chakrapani

Petitioner

AND

• 1. The State of Telangana, Rep., by its Chief Secretary, Government of Telangana, Secretariat, Hyderabad.
• 2. The Special Chief Secretary to Government, Health, Medical and Family Welfare Department, Government of Telangana, Secretariat, Hyderabad.
• 3. The Director, of Public Health and Family Welfare, Government of Telangana, Koti, Hyderabad.
• 4. Greater Hyderabad Municipal Corporation, Rep., by its Commissioner, Tank Bund Road, Lower Tank Build, Hyderabad - 500063

. Respondents

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue Writ or Direction preferably Writ of Mandamus declaring the inaction of the Respondents to take appropriate measures in having a "Live-Dashboard" installed regarding availability of hospital beds ventilators in COVID 19 designated hospitals, which facilitate health care during COVID- 19 as unconstitutional being in violation of Articles 14 and 21 of the Constitution of India and consequently direct the Respondents to immediately take appropriate steps for installation of "Live Dashboard" in the State of Telangana which keeps track of the available hospital beds/ventilators in COVID 19 designated hospitals on a real time basis;

The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of Sri Kowturu Pavan Kumar Advocate for the Petitioner and Sri B.S. Prasad, Advocate General for the respondents

WP(PIL). NO: 142 OF 2020

Between:

D.G.Narasimha Rao, S/o Suryanarayana Rao

Petitioner

• AND The Union of India, Rep. by its Secretary Ministry of Health and Family Welfare Government of India, Near Udyog Bhawan Metro Station, Maulana Azad Rd, New Delhi - 110001
  • 2. The Union of India, Rep. by its Secretary Ministry of Home Affairs Government of India North Block, New Delhi - 110001
  • 3. The State of Telangana, Rep. by its Chief Secretary, B.R.K. Bhavan, Secretariat Buildings, Saifabad, Hyderabad -500022
  • The State of Telangana, Rep. by its Special Chief Secretary, Health, Medical and Family Welfare Department, 6^th Floor, D-Block, B.R.K.R. Bhavan, Secretariat Buildings, Saifabad, Hyderabad -500022
  • 5. Directorate of Public Health and Family Welfare, Rep. by its Commissioner, Government of Telangana, Sultan Bazar, Koti, Hyderabad 500095
  • Directorate of Medical Education, Rep. by its Director, Government of Telangana, Sultan Bazar, Koti, Hyderabad - 500095
  • National Pharmaceutical Pricing Authority, Rep. by its Member Secretary Department of Pharmaceuticals Ministry of Chemicals and Fertilisers Government of India 3^rd /5^th Floor, YMCA Cultural Center Building 1, Jai Singh Road, New Delhi, India - 110001
  • Insurance Regulatory and Development Authority of India, Rep. by its Chief General Manager Head Office. Sy No. 115/1, Financial District, Nanakramguda, Gachibowli, Hyderabad – 500032
  • 9. Care Hospitals, Rep. by Chairman & Managing Director, Quality Care India Pvt. Ltd.. Road No. 2. Banjara Hills, Hyderabad
  • 10. Yashoda Hospitals, Rep. by its Managing Director, Alexander Road, Secunderabad-500003
  • Krishna Institute of Medical Sciences Ltd., (KIMS), Managing Director, Minister Road, Secunderabad-500003
  • 12. Thumbay Hospital India Private Limited, Rep. by its Managing Director, 16-6-104 to 109, Old Kamal Theater Complex, Chaderghat, Hyderabad
  • 13. Sunshine Hospitals, Rep. by its Managing Director. 45, 7-56/19. Survey No. 4046, Dargah Road LIG Chitrapuri Colony, Prashant Hills, Gachaibowli, Hyderabad-500035
  • Medicover Hospitals, (A Unit of Sahrudaya Health Care Private Ltd.) Rep. by its C.E.O. Behind Cyber Towers, IBIS Hotels Lane, Hitech City, Hyderabad, Telangana-500081 (Respondent No. 9 to 14 are impleaded as per Court order dated 14.07.2020 made in IA. No. 4 of 2020)

Respondents

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents in not taking effective steps for preventing rampant profiteering by private, corporate and teaching hospitals in treatment of Covid-19 patients in Hyderabad city and other parts of the state, and their failure in ensuring that the insurance companies provide cashless treatment for Covid-19 patients, despite they having contract for the same, as illegal, arbitrary, unjust and violative of the fundamental rights of citizens guaranteed under Article 14 and 21 of the Constitution of India and therefore seeking consequential direction to the respondents to act decisively to protect the interests of common man in facing Covid-19 pandemic;

The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of Sri N S Arjun Kumar Advocate for the Petitioner and Sri N. Rajeshwara Rao, Assistant Solicitor General for the respondent No. 1 & 2 and Sri B.S. Prasad, Advocate General for the respondent No. 3 to 6

W.P.(PIL) NO: 146 OF 2020

Between:

Srikishan Sharma, S/o. Madhav Prasad Sharma, Aged about 75 years, Occ: Advocate 8- 2 317/AC 2, Amrita Enclave, Road No.14, Banjara Hills, Hyderabad. PAN No - AQAPSO5940, AADHAR.NO-7529-2188-5552, MOBILE NO-9849350162 Email Address: srikishansharma 2014 gmail.com

AND

• 1. The State of Telangana, rep. by its Principal Secretary, Medical and Health Department, Secretariat, Saifabad, Hyderabad.
• Commissioner Medical and Health Department 3^rd Floor, DME Building, DM & HS Campus, Opp: Koti Women's College Road, Kutbiguda, Sultan Bazar, Koti, Hyderabad -500095.
• National Council for Clinical Establishment, Rep. by its Secretary, Dr. Anil Kumar, Additional DDG Ministry of Health and Family Welfare Department of Health and Family Welfare Room No. 560-A, Nirman Bhawan New Delhi - 110108, India.
• State Council of Clinical Establishment, Rep. by its Chief Medical Officer. Medical and Health Department, Hyderabad. 3rd Floor, DME Building, DM and HS Campus, Opp. Koti Womens College Road, Kutbiguda, Sultan Bazar, Koti, Hyderabad - 500095.
• 5. M/s. Medicover Hospitals, Hitec City Behind Cyber Towers, in the lane of IBIS Hotels. HUDA Techno Enclave, HITEC City, Hyderabad - 500081.
• M/s. Yashoda Super Specialty Hospital, (A Unit of Yashoda Hospitals) 6 3 906/B1& B2, Rajbhavan Road, Somajiguda, Hyderabad.- 500082.
• Sunshine Hospitals, (Unit of SarvejanaHealth Care Pvt.Ltd.) Secunderabad, 1-7-186-189,201 to 205, P.G.Road, Beside Paradise Hotel, Hyderabad.
• 8. M/s.Care Hospital, Road No.1, Banjara Hills, Hyderabad 500034.

....Respondents

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ. Order or direction more particularly one in the nature of Writ of Mandamus by I)Declaring the action of the 1^st Respondent in not giving effect to the provisions of The Disaster Management Act 2005. The Clinical Establishments (Registration and Regulation) Act, 2010 and Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulation, 2002 as wholly, illegal, arbitrary and unconstitutional and voilative of Article 14 and 21 of Constitution of India. II) Consequently direct the respondents 1 to 4 to issue Statutory guidelines for maintaining transparency in the matter of treatment and billing against all the patients and to take action against the Private Corporate Hospital for violating the provisions of the various act mentioned herein above.;

The petition coming on for hearing upon perusing the petition and affidavit filed therein and upon hearing the arguments of Sri Pratap Narayan Sanghi Advocate for the Petitioner, and Sri B.S. Prasad, the learned Advocate for the respondents '1 and 2 and Sri Namavarapu Rajeshwar Rao, Assistant Solicitor General for the respondent No.3.

W.P(PIL).154 OF 2020

Between:

J.Venudhar Reddy, S/o Sri J. Gopal Reddy

Petitioner

AND

• 1. Union of India, Ministry of Health and Family Welfare Rep. by Director General, New Delhi
• 2. Indian Council of Medical Research, Rep. by its Secretary Director General, V. Ramalinga Samy Bhavan, P.O.Box.No.4911 Anderinagar, New Delhi.
• 3. Insurance Regularity and Development Authority of India, Rep. by its Chairman, Sy.No.115/ I, Financial District, Nanakramguda, Gachibowli, Hyderabad.
• 4. Drug Control General of India, Rep. by its Controller General of India, FDA Bhavan, Kotla Road, New Delhi.
• 5. The Sate of Telangana, Rep. by its Special Chief Secretary, Health, Medical and Family Welfare Department, Secretariat Buildings, Hyderabad.
• 6. The District Medical and Health Officer, Organization, 4^th Floor, NTPC Building, Secunderabad.

Respondents

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus

a) to direct the respondents No.5 and 6 to fix a cap on treatment cost of Covid-19 patient in private corporate hospitals by fixing an upper limit cost for covid-19 treatment including consumables like PPE kits medicines etc. by strictly amending G.O.Rt.No.248 dt 15.06.2020.

b) to direct the respondents No.5 and 6 to fix a maximum rate chargeable, by the private corporate hospitals for various services provided by them including Personnel Protection Equipment (PPE) Kits, administration of medicine and tests

c) to declare the action of respondents No.5 and 6 in not directing the private hospitals to allot 30 percentage of their bed capacity to Covid -19 patients of Economically Weaker Sections (EWS), consequently direct the respondents 5 and 6 to provide 30 percentage of bed capacity in private hospitals to Covid -19 patients of Economically Weaker Sections (EWS) under Arogyasree scheme.

d) to direct the respondents 1 to 6 not to permit spurious drugs to be released for treating Covid-19 patients

e) to direct the respondents No.3 to modify the insurance cover for complete treatment cost of Covid-19 patients without cup covering total cost of Covid-19 treatment, including accessories, medicines.

f) to direct the respondents No.1 to 6 to include police personnel and journalists who are frontline workers under Pradhana Manthrigharib Kalian Package;

IA NO: 1 OF 2020

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents No.5 and 6 to fix a cap on treatment cost of Covid-19 patient in private corporate hospitals by fixing an upper limit cost for covid-19 treatment including consumables like PPE kits medicines etc., by strictly amending G.O.Rt.No.248 dt:15.06.2020, pending disposal of WP(PIL) No. 154 of 2020, on the file of the High Court.

The petition coming on for hearing upon perusing the petition and affidavit filed therein and upon hearing the arguments of Sri Mallipeddi Srinivas, Advocate for the Petitioner, and Sri B.S. Prasad, the learned Advocate for the respondents.

WP(PIL). No. 156 of 2020

Between:

Dr. R. Srivatsan, S/o Raghavan Aged about 66years, Occ. Independent Writer and Researcher R/o Flat 101, Block C Saincher Palace Apartments 10-3-152 Street No 2 East Marredpally, Secunderabad Phone Number. 7702711656 Email Address. r.srivats @ gmail.com Aadhar No. 795609025153

Petitioner

AND

• 1. State of Telangana, rep by its Chief Secretary Secretariat Buildings, Hyderabad
• 2. State of Telangana, rep by its Special Chief Secretary Department of Health. Medical and Family Welfare Secretariat Saifabad Hyderabad
• 3. The Commissioner and Directorate of Medical and Health Department, (Covid -19) Koti Hyderabad
• 4. Commissioner, Telangana Vaidhya Vidhana Parishad Hyderabad
• 5. Commissioner, Public Health and Family Welfare Hyderabad
• 6. District Collector, Hyderabad District Hyderabad
• 7. Commissioner, GHMC Hyderabad
• 8. The Superintendent, Gandhi Hospital, Secunderabad
• 9. Medical Superintendent Osmania General Hospital Hyderabad
• 10. Medical Superintendent District Hospital King Kothi, Hyderabad
• 11. Medical Superintendent, Government General and Chest Hospital Erragadda, Hyderabad
• 12. Medical Superintendent ESIC Medical College Hospital, Sanatnagar Hyderabad
• 13. Chief Medical Superintendent Central Railway Hospital, Lalaguda, Mettuguda Secunderabad
• 14. Deccan College of Medical Sciences, Rep by its Chairman PO Kanchanbagh, DMRL X Roads Santoshnagar Hyderabad
• 15. Shaadan Institute of Medical Sciences Teaching Hospital and Research Centre, Rep by its Chairman Himayatsagar Road, Hyderabad
• 16. Aayan Institute of Medical Sciences, Teaching Hospital and Research Centre Rep by its Chairman Kanaka Mamidi, Moinabad Mandal Rangareddy District
• 17. Medical Superintendent, Kamineni Institute of Medical Sciences Sreepuram Narketpally Nalgonda District
• 18. Bhaskar Medical College and Bhaskar General Hospital, Rep by its Chairman Bhaskar Nagar, Moinabad Mandal Rangareddy District, Hyderabad
• 19. Apollo Institute of Medical Sciences and Research, Rep by its Chairman, Junilee Hills, Hyderabad
• 20. Superintendent Military Hospital Golconda, Hyderabad
• 21. Superintendent Military Hospital Trimulghery, Secunderabad
• 22. President, Telangana Super Specialty Hospitals Association C/o KIMS Super Specialty Hospital Secunderabad
• 23. The Union of India, Rep by its Secretary, Ministry of Health And Family Welfare, New Delhi

Respondents

Petitioner

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ. Order or Direction more particularly one in the nature of a Writ of Mandamus declaring that the inaction of the Respondents 1 to 5 in not commissioning and making available for treatment the Teaching Hospitals attached to Government Hospitals and the Hospitals attached to Private Medical Colleges as a dereliction of responsibility in the face of the escalating Covid 19 health crisis and consequentially direct the Respondents No 1 to 5 to immediately commission for treatment on a priority basis a portion of the infrastructure and manpower in all the teaching hospitals attached to Government Hospitals attached to Respondent Institutes Nos 14 to 19 as well as the Central Government Hospitals and Military Hospitals arraigned as Respondents No 12, 13 20 and 21 and to give wide publicity of the same in all the local news papers;

The petition coming on for hearing upon perusing the petition and affidavit filed therein and upon hearing the arguments of Smt Vasudha Nagaraj Advocate for the Petitioner and Sri B.S. Prasad, Advocate General for the respondent No. 1 to 12 and Ms. Pushpinder Kour, Advocate for the respondent No. 13

W.P.(PIL).No.160 of 2020

Between:

Sai Mani Varun Chevuri, S/o Late Ch.Sudhakar Reddy H.No.1-1-79, Mohan Nagar Colony Kothapet, Hyderabad, Ranga Reddy District, Telangana State Aadhar number - 797335541239 Pan Number - BFRPC7403N Mobile number - 9912994140 Bank Account No.. 3112686049, Kotak Mahindra Bank, Saroornagar Hyderabad. Mail id. [email protected]

AND

• 1. The State of Telangana, Rep., by its Chief Secretary, Revenue (Disaster Management-II) Department Secretariat, Hyderabad.
• 2. The Special Chief Secretary to Government, Health, Medical and Family Welfare Department, Secretariat, Hyderabad.
• Commissioner, Health and Family Welfare Department, 3rd Floor, DME Building, DM and HS Campus, Opp: Koti Womens College Road, Kutbiguda, Sultan Bazar, Koti, Hyderabad - 500095
• 4. The Telangana State Medical Services and Infrastructure Development Corporation, (A Govt of Telangana Enterprise) Rep by its Chairman Sri Pareiyada krishnamurthy 2nd Floor DME Building, DM and HS Campus, Opp: Koti Womens College Road, Kutbiguda, Sultan Bazar, Koti, Hyderabad 500095.
• 5. The Union of India, Rep. by its Secretary, Ministry of Health and Family Welfare, New Delhi.
• Indian Council of Medical Research, Rep by its Secretary DHR andfDirector General V. Ramalingaswami Bhawan, P.O. Box No. 4911 Ansari Nagar, New Delhi - 110029, India ....Respondents

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus Declaring the inaction of the Respondents No. 1 to 4 in I. Ensuring that the COVID-19 Designated Hospitals comply with the norms prescribed by the Respondent No.6 (ICMR) before discharging Covid-19 patients prior to completion of the prescribed quarantine period, II. Regulating the Admission and Treatment of

COVID-19 Patients in Private Corporate Hospitals, III. Inspecting and Auditing the COVID-19 Treatment Charges being collected by Private Corporate Hospitals, IV. Arranging for safe and proper cremation of COVID-19 Dead Bodies as wholly illegal, arbitrary unconstitutional and violative of Article 21 of the Constitution of India and consequently direct the 1st and 2nd Respondent to immediately put in place a mechanism to supervise, regulate and ensure transparency in the activities of COVID-19 Designated Hospitals.

IA NO: 1 OF 2020

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 pleased to direct the respondents 1 to 2 to ensure only people eligible for Home Quarantine as per ICMR guidelines are sent to such Home Quarantine Facility and to discharge Covid-19 patients only after completion of the quarantine as specified in the discharge guidelines and issue of fitness certificate by the health officials pending disposal of the above WP(PIL).160 of 2020, on the file of the High Court.

IA NO: 3 OF 2020

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 pleased to direct the 1^st respondent to provide statutory guidelines for a repayable financial assistance package by way of interest free loan to the needy middle class people under the provisions of sec.13 and 61 of the Disaster Management Act 2005 by fixing a cap on the cost of treatment by private hospitals that are being charges under various heads such as pharmacy, Room rent, Testing, etc., pending disposal of the above WP(PIL).160 of 2020, on the file of the High Court.

The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of Sri. P. Nagesh Advocate for the Petitioner and Sri B.S. Prasad Advocate General, for the Respondents.

WP(PIL). No. 163 of 2020

Between:

Dr. Alwal Swamy, S/o Mallaiah Alwal, Occ: Doctor R/o H.No. 2-3-3/4, Shanti Nagar, Golnaka Amberpet, Hyderabad, Telangana - 500013 Aadhar Card No. 7930 2107 8336 Mobile No. 9550342940 Account No. 24200100007411, Bank of Baroda Tiiak Nagar Branch PAN Card No. ADEPA1638D E-mail.-

AND

• 1. The State of Telangana, Rep. by its Chief Secretary, B.R.K. Bhavan, Secretariat Buildings, Saifabad, Hyderabad -500022
• The State of Telangana, Rep. by its Special Chief Secretary, Health, Medical and Family Welfare Department, 6^th Floor, D-Block, B.R.K.R. Bhavan, Secretariat Buildings, Saifabad, Hyderabad -500022
• 3. Directorate of Public Health and Family Welfare, Rep. by its Commissioner, Government of Telangana, Sultan Bazar, Koti, Hyderabad 500095
• 4. Directorate of Medical Education, Rep. by its Director. Government of Telangana Sultan Bazar, Koti, Hyderabad - 500095
• The Union of India, Rep. by its Secretary Ministry of Health and Family Welfare Government of India Near Udyog Bhawan Metro Station, Maulana Azad Rd, New Delhi - 110001

....Respondents

....Petitioner

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ. Order or Direction, more particularly one in the nature of Writ of Mandamus, to declare the inaction of the Respondents in taking measures to prevent spreading of Covid-19 duly conducting tests, tracing, isolation, and treatment of Covid-19 patients as illegal, unjust and violative of fundamental rights guaranteed under Article 14 and 21 of the Constitution of India and consequently direct the Respondents to take the following measures.

• Completely take over the corporate hospitals and private teaching hospitals in the state, for the purpose of treatment of Covid-19 patients till this crisis situation is overcome.

• (ii) Take urgent steps to fill up all vacant posts of doctors and para medical staff in Government hospitals and mobilize them in a big manner for providing effective treatment of Covid-19 patients.

• (iii) Take effective steps to prevent hoarding and black marketeering of essential drugs, oxygen supplies and ventilators being used for treatment of Covid-19 patients in the state.

• (iv) The Government may procure and distribute these essential drugs, oxygen supplies and ventilators to both the Government and Private hospitals at the cost of the product.

• Take steps to prevent the social stigma of Covid-19 patients (vi) Increase the coordination between GHMC/Municipalities, Revenue authorities and Police for effective containment of Covid-19.;

The petition coming on for hearing upon perusing the petition and affidavit filed herein and upon hearing the arguments of Sri. K. Pardhasaradhi Advocate for the Petitioner and Sri B.S. Prasad, Advocate General for the respondent No. 1 to 4 and Sri N. Rajeshwara Rao, Assistant Solicitor General for the respondent No. 5.

WP(PIL). No. 168 of 2020

Between:

Omim Maneckshaw Debara, S/o Late. Maneckshaw Hormusji Debara, Occ. Retd. R/o. H.No. 4-1-913, Abids, Tilak Road, Hyderabad -001 Telangana State. Aadhar Card No. 5749 8578 8168 Mobile No. 98480 97188 and 81423 45671 e-mail. [email protected] PAN card. ACNPD No.2161N Account No. 00811000123542 (Prime)HDFC Bank, Himayatnagar Branch. Hyderabad

AND

• 1. The Government of Telangana, Department of Revenue BRK. Bhavan, Tank Bund, Hyderabad Rep by its Secretary
• 2. The Government of Telangana, Department of Health, Medical and Family Welfare BRK Bhavan, Tank Bund, Hyderabad Rep by its Secretary
• 3. The District Collector, Hderabad District Nampally, Hyderabad.
• 4. The Director of Health, Hyderabad.
• 5. Apollo Hospitals, Road No.72, Jubulee Hills Hyderabad-500 033 Represented by its Chairman
• 6. Basavatarakam Indo American Cancer Hospital and Research Institute, Road No.10, Banjara Hills, Hyderabad Represented by its Chairman

Respondents

Petitioner

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ order or direction more particularly one in the nature of Writ of Mandamus to declare the

1. Respondent No. 1 to 4 to enquire into the number of beds required to be reserved for poor patients for free of cost from the date of their establishment to till date by Respondent No. 5 and 6 as per G.O.Ms.No.517 Rev(q) Department dated 26/03/1981 and G.O.Ms.No.484 Rev(Assgn.III) Department dated 26/05/1989 respectively and to take steps to reserve appropriate percentage of beds for poor patient for free of cost to fulfil the back log in the Respondent No. 5 and 6 hospitals.

2. Respondent No. 1 to 4 for reservation of 15% and 25% beds for free to poor people in the Respondent No. 5 and 6 hospitals after the back log is completed and to ensure 40% free consultation to out-patients in the Respondent No. 5 hospital.

3. Respondent No. 1 to 4 to establish procedures for referring poor patients for treatment in Respondent No. 5 and 6 hospitals for the beds reserved for them and also for giving outpatient consultation to 40% patients for free in $6^{th}$ Respondent hospital

4. Respondent No. 1 to 4 to ensure free treatment to COVID 19 patients in the Respondent No. 5 and 6 hospitals to the extent of beds reserved in their hospitals including outpatient consultation.

5. Respondent No. 5 and 6 to comply with the G.O.Ms.No.517 Rev(q) Department dated 26/03/1981 and G.O.Ms.No.484 Rev(Assgn.III) Department dated 26/05/1989 conditions regarding reservation of beds for poor people and free outpatient consultation respectively.

IA NO: 1 OF 2020

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the Respondent No. 5 and 6 to reserve 50% of the beds for poor COVID 19 patients for giving free treatment and to direct the Respondent No.4 to ensure the same and to refer the poor patients to the Respondent

IA NO: 2 OF 2020

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the Respondent No. 5 and 6 to reserve 50% of the beds for poor COVID 19 patients for giving free treatment and to direct the Respondent No.4 to ensure the same and to refer the poor patients to the Respondent No. 5 and 6 hospitals by evolving transparent procedure, pending disposal of WP(PIL) 168 of 2020, on the file of the High Court.

The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of Sri Gandra Mohan Rao Advocate for the Petitioners, and Sri B.S. Prasad, Advocate General for the respondent No 1 to 4.

WP(PIL). No. 182 of 2020

Between:

Sama Ram Mohan Reddy, S/o Sama Krishna Reddy, Plot No. 152, Vanasthali Hills, Near Heralds High School, Vanasthalipuram, Hyderabad, Ranga Reddy, Telangana - 500070. Phone No. 97018 79999 Mail id rammohansama2000Ramail.com Aadhar Card No. 6588 1953 2044 PAN Card No. AUEPR9912L Acc. No. 30096493829 State Bank of India, Vanasthalipuram Branch lfsc- SBIN0004347

Petitioner

AND

• 1. The State of Telangana, Rep by its Chief Secretary, Secretariat, Hyderabad
• 2. The Principal Secretary, Health, Medical and Family Welfare Department, Government of Telangana, Secretariat, Hyderabad.
• 3. The Director of Public Health and Family Welfare, Government of Telangana, Kati, Hyderabad.
• 4. The Commissioner of Health and Family Welfare. Government of Telangana. Koti. Hvderabad.
• 5. The Director of Medical Education, Government of Telangana, Hyderabad.
• 6. The Telangana Vaidya Vidhana Parishad, Rep by its Commissioner, Koti, Hyderabad

Respondents

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue Writ or Direction preferably Writ of Mandamus declaring the inaction of the Respondents in taking appropriate steps for augmenting the Infrastructure at the Government Hospitals and increasing the Primary Healthcare Centres (PHCs) in the State of Telangana through enhanced budgetary allocations and prompt recruitment of Health Care Professionals and Workers as unconstitutional for being in violation of the Community Right to Health guaranteed by Article 21 of the Constitution of India and consequently direct the Respondents to create a Robust Public Health Care Infrastructure in the State and equip the Government Hospitals with the State-of-the-Art equipment and facilities

IA NO: 1 OF 2020

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the Respondents to expeditiously improve the infrastructure and sanitation at the Government hospitals, pending disposal of WP(PIL) 182 of 2020, on the file of the High Court.

The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of Sri Kowturu Pavan Kumar Advocate for the Petitioner and Sri B.S. Prasad, Advocate General for the respondents.

W.P.(PIL).No.197 of 2020

Between:

Sri Pally Srikanth, S/o. Late Sri Pally Swamy, aged about 45 years, Occupation: BSNL Employee, R/o. H.No.3-1-5/65, Lakshmi Nivas, Road No.5, Lakshminagar, Attapur, Hyderabad-500048. Srikanth28313(andsmail.com Cell-9441405959 Aadhar-721439108572

... Petitioner

2. The Gandhi Medical College and Hospital, represented by the Medical Superintendent, Musheerabad, Secunderabad - 500 003

3. The Osmania Medial College and Hospital, represented by the Medical Superintendent, Afzal Gunj, Hyderabad

• 4. The District Hospital, King Koti, Hyderabad-500001
• 5. The Government Fever Hospital, Represented by the Superintendent, Nallakunta, Hyderabad-500044
• 6. M/s. Sunshine Hospitals, represented by its Chairman and Managing Director, Gopalapuram, Secunderabad - 500 003
• M/s Apollo Hospitals Enterprise Limited (AHEL), represented by its Chairman and Managing Director, having its Head Office at Chennai, running one of its Multispeciality Hospital at Hyderguda, Hyderabad
• 8. M/s. Virinchi Limited (Virinchi Hospitals), represented.by its. Chairman and Managing Director, Road No.1, Banjara Hills, Hyderabad-500034
• M/s. Care Hospitals Private Limited. Represented by its Chairman and Managing Director, Road No.10, Banjara Hills, Hyderabad-500034
• 10. Sri Holistic Hospital, Represented by its Managing Director, Nizampet Road, Kukatpally, Hyderabad-500072.

....Respondents

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus, (1) declaring that, action of the Respondents 1 to 5 herein in not allowing the public to undergo tests of Covid-19, even though they are complaining symptomatic thereof, as illegal and violative of Articles 14 and 21 of the Constitution of India (2) directing the Respondents to provide testing and treatment of Covid-19 to every public members who are approaching with requisition to such tests, duly keeping live display of availability of beds, in their respective websites and to the news channels to enable the public to have treatment in hospitals in this State in case of emergency.;

IA NO: 1 OF 2020

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the Respondents 1 to 5 to conduct tests to every public members approaching them with symptoms of Covid-19 and to provide reports thereof to them within shortest period to enable such patients start treatment for themselves and avoid deaths, pending disposal of WP(PIL).197 of 2020, on the file of the High Court.

The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of Sri B.Shashidhar, Advocate for the Petitioner and Sri B.S. Prasad, Advocate General for the respondents.

The Court made the following.

Common Order:

Mr. Dr. Srinivas Rao, the learned Director of Public Health and Family Welfare, informs this Court that due to personal tragedy met by him, as he has lost his father, he was on leave from 07.09.2020 to 20.09.2020. Therefore, he is not in a position to submit an elaborate report, which was ordered by this Court, by its order dated 01.07.2020. Therefore, he seeks time to submit the said report.

According to the media reports, it seems that the number of tests being carried out has suddenly been reduced by the State Government. Therefore, Mr. Srinivas Rao is directed to give reason for the sudden decrease in the number of tests being carried out. For, according to the commitment made by the Government itself, the number tests were going to be increased to forty thousand per day.

Secondly, according to the media reports, there seems to be dearth of oxygen beds, which are available in the hospitals, which are designated as COVID-19 Hospitals. Therefore, Mr. Srinivas Rao is directed to show the present position of oxygen beds in the hospitals, and also to inform this Court whether any plan is afoot to increase the number of oxygen beds or not?

Thirdly, according to the media reports, the ratio of having the requisite number of beds is 5:1000, whereas in the State of Telangana, the ratio is 1:1000. Therefore, the State of Telangana is lagging behind other States. Therefore, Mr. Srinivas Rao is directed to explain the reasons for the lack of maintaining the ratio of 3:1000, which is considered as an ideal ratio by the WHO, and which is achieved by other States. He is, however, directed to inform this Court whether there is any plan under consideration for increasing the said ratio to 3:1000, as recommended by the WHO.

The Registry is directed to connect the files of C.C.No.570 of 2020, W.P (PIL) No.60 of 2020, W.P (PIL) No.202 of 2020 & W.P (PIL) No.212 of 2020 with the present petitions, and to list these cases on 08.10.2020.

SD/- M MANJULA ASSISTANT REGISTRAR

SECTION OFFICER

//TRUE COPY//

Τo,

• 1. The Secretary, Ministry of Health and Family Welfare, Union of India, Maulana Azad Road, Nirman Bhavan, New Delhi - 110011.(By RPAD)
• 2. The Chief Secretary, State of Telangana, Telangana Secretariat, B. R. K.R. Bhavan, Hyderabad.
• 3. The Principal Secretary to the Medical and Health Department, State of Telangana, Telangana Secretariat, B. R. K.R. Bhavan, Hyderabad.
• 4. The Commissioner and Director, Medical and Health Department, Koti, Hyderabad, Telangana.
• 5. The Special Chief Secretary, Medical and health Department, State of Telangana, B. R. K. Bhavan, Hyderabad.
• 6. The Director General, Indian Council of Medical Research, (ICMR) COVID-2019. New Delhi.
• 7. Director of Public Health and Family Welfare, Government of Telangana, Hyderabad.
• 8. The Director of Medical Education, Government of Telangana, Hyderabad.
• 9. The Principal Secretary, Municipal Administration and Urban Development, Secretariat, Hyderabad.
• 10. The Commissioner, Greater Hyderabad Municipal Corporation, Tank Band Road, Hyderabad.

(Addressees 1 to 10 by SPL. MESSENGER)

• The Member Secretary, National Pharmaceutical Pricing Authority, Department of Pharmaceuticals Ministry of Chemicals and Fertilisers Government of India 3^rd /5^th Floor, YMCA Cultural Center Building 1, Jai Singh Road, New Delhi, India – 110001 (By RPAD)
• 12. One CC to Sri Prabhakar Chikkudu Advocate [OPUC]
• 13. One CC to Dr. K.P. Rajender Kumar, Party in person (OPUC)
• 14. One CC to Smt Gorantla Sri Ranga Pujitha, Advocate (OPUC)
• 15. One CC to Sri Naresh Reddy Chinnolla, Advocate (OPUC)
• 16. One CC to Sri Kowturu Pavan Kumar, Advocate (OPUC)

17. One CC to Sri Qazi Salar Massod Aatif'. Advocate (OPUC)

18. One CC to Sri Gandra Mohan Rao. Aclvocatc (OPUC)

19. One CC to Sri K. Pardhasaraclhi, Advocate (()PUC)

20. Two CCs to Sri Nar.navarapr.r Rajeshwal Rao. Assistant Solicitor Cenelal (OLi [ )

21. One CC to Smt Vasudha Nagarai Advocate [OPUC]

22. One CC to Sri P. Thirumala Rao. Panli in person, (OPUC)

2i. One CC to Sri N.S. Arjun Kumar. Advocate (OPUC)

• 24. One CC to Sri Pratap Narayan Sanghi. Advocate (OPUC)
• 25. One CC to Sri.P.Nagesh, Advocate (OPUC)
• 26. One CC to Sri,Mallipeddi Srinivas, Advocate (OPUC)
• 17. One CC to S ri. B. Shashidhar. Advocate lOPUC)
• 28. Two CCs to the Advocate General. High Court fol the6tate of Telangana (OUl') (lly ^Special Messenger)

29. Two spare copies

HCJ & BVR,J

DATED: 24.09.2020

NOTE: list these cases on 08.10.2020

<u>WP(PIL) NOS: 56, 58, 59, 61, 78, 82, 91, 92, 96,</u> <u>111, 140, 142, 146, 154, 156, 160, 163, 168, 182 & 197 OF 2020</u>

ORDER

DIRECTION