Mr Challa Pavan Yadav v. The State of Telangana
Court: High Court for State of Telangana
Bench: RENUKA YARA
Judgment date:
Case summary
High Court for State of Telangana judgment dated 2026-04-20. Mr Challa Pavan Yadav v. The State of Telangana. Read the judgment and case details on LawSphereX.
Judgment text
134r'. 21 IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTIETH DAY OF APRIL TWO THOUSAND AND TWENry SIX PRESENT THE HONOURABLE SMT JUSTICE RENUKA YARA WRIT PETITION NO: 12483 OF 2026 Between: 1. Mr Challa Pavan Yadav, S/o Mr. Challa Srinivas Yadav, Aged about 34 years, Occ Business, 2. Mr Challa Sai Yadav, S/o. Mr. Challa Yadav, Aged about 31 years, Occ Business (Both Rl/o 1-11-21A, Bhavani Colony, Rajendra Nagar, K. V. Ranga Reddy, Telangana State - 500030. ) ... PETITIONERS AND 1. The State of Telangana, rep. by its Principal Secretary, Medical andHealth Department, Secretariat B uild in g, Hyd erabad. 2. The Director of Medical Education, Rep. by its Director, Having its office at Koti, Hyderabad 3. Star Hospitals, Rep. by its Medical Superintendent, At Door. No. 2-74, Survey No. 74, Nanakramguda Circle, Financial District, Hyderabad, Telangana - 500008 .
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 direction, mone particularly in the nature of a Writ of Mandamus a) declaring the action of the Respondents, particularly Respondent No. 2, in not granting approval for liver transplantation between the Petitioners, despite submission of all requisite documents, as illegal, arbitrary, and violative of Articles 14 and 21 of the Constitution of lndia b) Consequently, direct Respondent No. 2 to forthwith grant necessary approval/permission to enable the Petitioners to proceed with the liver transplantation at Respondent No. 3 Hospital, without insisting upon any additionalor non-statutory requirr:ments, including but not limited to local ctearances. l. A.
NO: 1 OF 2026 Petition uttder Section 151 CPC praying that in the circumstances stated in the affidavit filed ir suPPo-d of the petition, the High Court may be pleased to direct Respondent No. 2 to forthwith grant necessary approval/permission to enable the Petitioners to prtrceed with the liver transplantation at Respondent No. 3 Hospital, without insisting upon a1y additional or non-statutory requirements, including but not limited to local clearances. Counsel for the Petitioner: Ms. P. SRTLALITHA counsel for the Respondent No. 1 & 2: Ms. swApNA MADHURI, ASST. Gp FoR HEALTH & Fw y='t"AL' counsel for the Respondent No. 3: - - - The Court made the following: ORDER I IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SMT. JUSTICE RENUKA YARA WRIT PETITION No. 12483 of 2026 THE 2orH DAY OF APRIL,2O26 Between: Challa Pavan Yadav and another. ... Petitioners AND The State of Telangana and two others Respondents ORDER: Ms. P.
Srilalitha, leamed counsel for the petitioners and Ms. Swapna Madhuri, leamed Assistant Government Pleader for respondent Nos. l and 2. Perused the entire record. 2. ' Ttie present writ petition is filed with the following prayer: "... (a) declaring the action of the Respondents, particularly Respondent No. 2, in not granting approval for liver transplantation between the Petitioners, despite submission of all requisite documents, as illegal, arbitrary, and violative of Articles 14 and 2l of the Constitution of India: (b) Consequently, direct Respondent No. 2 to forthwith grant necessary approval/permission to enable the Petitioners to proceed with the liver transplantation at Respondent No. 3 Hospital, without insisting upon any additional or non-statutory requirements, including but not limited to local clearances and pass such other order or orders... " 3. The case of the petitioners is that petitioner No.
[ requires liver transplantation due to de-cornpensated Cirrhosis of Liver and he is bdmitted into respondent No. 3-hospital on 08. 04. 2026. He is advised to \ ,. i* RY,J wP t2483 2026 undergo liver transplantation immediately. Petitioner No. 2, who is citizen of Canada, is biological brother of petitioner No. l. Petitioner No. 2 is willing to clonate his liver to support the liver transplantation of petitioner No. t and f<rr the said purpose all the certificates have been submitted such as residenc:e certificate, family structure certificate, police verification certificate and relationship certificate, duly signed by the Mandal Revenue Officer (M}RO) and counter signed by Revenue Divisional Officer (RDO). rl However, <:ertain certificates could not be obtained as petitioner No. 2 is Canadian citizen, as such respondent No. 3 hospital is enable to proceed with the liver transplantation surgery for petitioner No. 1. [n the circumstanoes, the present writ petition is filed. 4.
To pr:ove the relationship between the petitioners relevant documents submitted try the petitioners before this Court are copies of representations submitted by petitioner No. 2 to respondent Nos. Z and 3, copy of passport of petitioner No. l, copy of DNA profiling report of the petitioners, copy of report indicating donor-recipient match for organ transplant, copy of treatment certificate, copy of identificaticin form, copy of affidavit to be filed by the recipient, copy of certificate of residence, copy of family structure certificate, copy of police verification certificate, copy of affidavits to be filed by the prospective donor, copy of driving license of i 1 i / I I RY,J /i wP t2483 2026 petitioner No. l, copy of criminal record and copy of certificate of residence of recipient. profiling 5. Among the aforementioned documents, the copy of DNA order to establishes that the petitioners are siblings. Petitioner No. 2 in liver.
support the life of his brother is voluntarily donating part of his There is no extraneous consideration in this donation of liver to his brother, which is prime reason behind the enquiry done under the Transplantation of Human Organs and Tissues Act (THOTA), 1994 and Rules (THOTA Rules), 2Ol4 before any organ donation and/or transplantation. 6. tn view of the documents produced and in view of proof of relationship between the petitioners, respondent Nos. 2 and 3 are directed to consider the documents available with the petitioners for approval to proceed with the liver transplantation. 7. Accordingly, the writ petition is allowed. There shall be no order as to costs. Miscellaneous applications, if any, pending shall stand closed- SD/. T. SRIDEVI ASSISTANT REGISTRAR ,,TRUE COPY// 6 SECTION OFFICER To, 1. The Principal Secretary, Medical and Health Department, The State of Tetangana, Secretariat Building, Hyderabad. 2.
The Director, The Director of Medical Education, Having its office at Koti, Hyderabad. 3. The Medical Superintendent, star Hospitals, At Door. No. 2-14, survey No. 74, Nanakramguda circle, Financial District, Hyderabad, Terangana -s0000g 4. One CC to Ms. P. SRILALITHA, Advocate [OPUC] 5. Two ccs to GP FoR MEDICAL, HEALTH & FW, High court for the state of Telangana, at Hyderabad [OUTI 6. Two CD Copies BN & I CC TODAY HIGH COURT DATED: 2010412026 { ;. ,,iFi. " . '1 . /. t" (l:' t- I ,) ,:) iI 0 A PR 2 ORDER . * . \_Lrr-+. q:,,,=:-... ^ ... ::i::. -::.. ,. WP. No. 12483 of 2026 ALLOWING THE WRIT PETITION WTHOUT COSTS i u qD F I )," I
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