The Andhra Pradesh High Court has disposed of a PIL on the allotment of a site within the Government General Hospital, Vijayawada premises to a self-help group to run a canteen.
A Division Bench of Chief Justice Prashant Kumar Mishra and Justice Praveen Kumar disposed of the petitions with a direction that after the expiry of two years period for which respondent self-help group was allowed to run the canteen, the official respondents shall not allow the said respondent to run the canteen any further, since the Court is already in the second half of October 2021, which is very close to the expiration of the period for which self-help group was allowed to run the canteen.
“If the running of the canteen is required in the interest of the public, the same shall be done only by adopting tender process,” the Court clarified. The PIL had alleged that the respondent issued license in favor of the self-help group on 21-11-2019 for running canteen in old Government General Hospital, Vijayawada without calling for tenders and consequently permitted the self-help group to demolish the hospital compound wall.
P.S.P. Suresh Kumar, counsel for the petitioner, submitted that the petitioner in the present petition has died. But since cognizance has already been taken in the PIL, the Court heard the counsel for the parties.
In the counter-affidavit filed by the Superintendent, old Government Hospital Vijayawada, it is averred that to refresh the staff and attendants of the patients in the hospital and to provide food to the staff and the attendants of the patients, the authorities granted permission to run the canteen by receiving an amount of Rs 6.05 lakh for two years by the escalation of 10% extra for the second year.
The PIL had sought direction to the respondent official to take immediate action against the self-help group for demolishing the compound wall and bus shelter and doing illegal business on the main road by encroaching the public place and canceling the license granted to the self-help group vide orders dated 21-11-2019.
The PIL further alleged that respondent permitted the self-help group to demolish the existing bus shelter and to do canteen business on the main road opposite the Thummallapalli Kala Kshetram by encroaching 1358 sq. yards as against the sanctioned area of 400 sq. yards which is illegal, arbitrary, violation of principles of natural justice, violation of Articles 14, 19 (1) (g) 21 and 300 (a) of the Constitution of India and violation of settled principles of law and violation of municipal laws and traffic laws.