High Court · 2025

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 or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents in seizing the 1st petitioners Allopathic Private Medical Care Establishments running under the name and style of M/s Ajay Kumar Clinic and Sri Ayyappa Medical and General Stores of 2nd petitioner, situated at H.No.'1-12, Koheda Village, Abdullapurmet Mandal, Ranga Reddy District without giving opportunity and without following due procedure as illegal, arbitrary, without jurisdiction, unconstitutional, violation of principles of natural justice and contrary to the provisions of the Act and consequentry direct the respondents to rerease the petitioners, above mentioned Clinic and Medical Shop.

1.A.NO:1 OF 2025 petition Under section 151 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to direct the respondents to rerease / reopen the 'tst petitioner,s Aropathic private Medical Care Establishments running under the name and style of M/s Ajay Kumar crinic and sri Ayyappa Medicar and Generar stores of 2n c petitioner, situated at H.No.1-i2, Koheda Village, Abdullapurmet Mandal, Ranga Reddy District, pending disposal of the main writ petition. Counsel for the petitioners : SRI P.BOSU BABU fir?TlTlPt tte Respondents : Gp FoR MEDTcAL HEALTH AND FAMIL; The Court made the foltowing ORDER L lt-t wp 1149_2025 NBK. J HON'BLE SRI JuSTICE NAGESII BHEEMAPAKA WRIT PETITION No.3149 of 2O25 ORDER: Petitioners are operating a Clinic by name M/s Ajay Kumar Clinic (petitioner No.l) located in Koheda village. The Clinic is registered under Telangana Allopathic Private Medical Care Establishments Registration and Regulation Act, and the registration is valid :untll 2029. They also run a medical shop by name Sree Ayyappa Medical & General Stores (petitioner No'2), which has valid license for selling/distributing certain drugs. It is the case of the petitioners that the clinic has been providing services for several years now, and Dr. U' Dileep, MBBS. is rendering services in the clinic. It is the grievance of the petitioners that on 30.Ol .2025, the respondent authorities, without any inspection or following due legal procedures, seized and the medical shop after requesting and both the clinic receiving certain documents. Petitioners challenge the seizure as illegal and arbitrary. .

2. Heard Mr. Bosu Babu, learned counsel for the petitioners, and learned Government Pleader for Medical and Health' Perused the record.

3. Learned counsel for the petitioners submits that the Clinic is being run by a qualified doctor for several years, and the medical store too has necessar5i permissions, and therefore seizing them for want of qualified staff is illegal' Learned counsel would further submit that the petitioners were not afforded an opportunity of hearing before effecting the impugned seizure' i t Llrl 2 s.p I t49 2025 NBK, J l,earned Government Pleader, based on the written 4. instructions dated 05.02.2025 received from the 2"d respondent- District Medical & Health Officer, Ralga Reddy District, submits that the authorities visited the Clinic and Medical litore on 3O.O7.2O25 and observed that Mr. Aj ay Kumar is unqualified person and he is maintaining the clinic, and that the available unqualihed person is the father of Dr. Dilip, MBBS and cheating the public in the name of Dr. Dilip MBBS, and that on every visit of 3.d respondent., the unqua-lified persons are giving treatment, and the Clinic is maintaining unauthorised beds with in- patients/IV injections. It is further stated that the Fee for registration of Clinic (i.e., Rs.4,000/-) has already been paid, and the registration for beds under 2O is Rs.6,OOO / , and the authorities state that they have not closed the medi<:al shop. Learned Government Pleader submits that the clini<: of the petitioner was ternporarily closed and instructions were given to him to get fresh registration done with required bed strength and maintain the clinic with regular qualified person. He further submits that the clinic will be reopened on the process of fresh registration with bed strength. It may be noted that the respondent authoritiers, upon 5. frnding that the petitioner-Clinic is not being maintained and run by qualified doctors, seized the Clinic. The written instructions of 2.d respondent-Drstrict Medical and Health Ofhcer, would disclose that the authorities are ready to handover the Clin ic upon processing of fresh registration by paying the prescribed fee, and upon complying with the condition that the Clinic is being maintained with regular qualified persons. I l 3 \rp-l149,202j NBK. J I

6. Considering the respective submissions' ald perusing the record, the petitioner is directed to run the Clinic and medical store with qualified personnel' strictly in accordance with the Rules and Regulations applicable' and also maintain necessary bed-strength. Subject to the petitioner complying with the norms and standards prescribed for a Clinic and Medical Store' the petitioner can apply for registration by paying the prescribed fees due. The respondent authorities shall conduct necessary inspection for granting fresh registration and pass appropriate order in accordance with law' 7. Accordingly, the writ petition is disposed of' No costs' Miscellaneous petitions pending' if any' Consequently' misce,aneous applications pending, if any, in this writ Petition' shall stand closed' sD/-P PSBYi$f REt,EFRIX //TRUE COPY// CTION OFFICER To The Principal Secretary, Health, Medical and Family Welfare Department' i""*irriil state of Telangana at Hyderabad' - . . - ilil;ffii r',r"oi"rr and Health offiier' Ranga Reddv District' The Deputy District Medicar;;;;;ltti qmclr' turatrlmpatnam' Ranga Reddv ?f:n3tc.. cp FoR MEDIcAL HEALTH AND FAMILY wELFARE' Hish Cortt t"itft" State of Telangana at Hyderabad' [-oUT] 6i" Cc,l iniF.eosu BAIBU, Advocate [oPUc] Two CD CoPies

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5. 6. SA BS .C.C. TODAY t.: i-tlr -<.- j*\ Z7 tEB fl6 t' ? o .I, '\.- HIGH COURT DATED:0610212025 ORDER WP.No.3149 of 2025 DISPOSING OF THE W.P WITHOUT COSTS. {