High Court · 2025

Petition under Article 226 ol the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue an appropriate writ, order or Direction, more particularly, one in the nature of writ of Mandamus, declaring the action of the Respondents, more particularly, Respondent No. 4 and 5 in issuing the impugned Notice vide Rc.No.DRA,/10101 2025 dated 26.03.2025 as arbitrary, unlawful, illegal, unjust leading to sh6er abuse of power, against principles of natural justice, against principles of administrative law, against the public policy, against the statutory duties cast upon the authorities and against the provisions of the clinical Establishments Act, 2010 and violative of Article 14, 19(1Xg) and 21 of the constitution of lndia and consequently set aside the the impugned Notice vide Rc.No.DRA,/101ot 2025 dated 26.03.2025 issued by the Respondent No. 4 and 5 herein and its consequential proc,eedings in the interests of iustice' I I lA NO: 1 OF 20 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 more particularly Reapondent No 4 and 5 herein to not to take any coercive steps against the Petitioner herein and to not to interfere in the day to day activities of petitioner. IA NO :2OF 2025 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 stay the impugned Notice vide Rc.No.DRA/101O1 2025 dated 26.03.2025 issued by the Respondent No. 4 and 5 herein and its consequential proceedings in the interests of justice. IA NO: 40F 2025 Between:

1. The State of Telangana, ReP Medical Health and FamilY Hyderabad, Telangana. W its Principal Secreta elfare Department, ry to the Govemment, Secretariat buildings, 2 The Medical Health and Family Welfare Department, Re:llr - by. its CommGionet, DM and HS Campus, Koti, Hyderabad, Telangana-So0 001' The Director of Public Health and Family welfare, Government of Telangana, DM and HS Campus, Koti, Hyderabad, Telangana-SOO 001' The District Medical and Health Officer, Karimnagar District, Telangana' 4 3 AND 1 M/s. Sapthagiri Hospital, Jammikunta, Kadnllagar, At H.No 2-2-3' Bridge Junctionl ii"mmikunii, karimnagar'SOi12Z, Telangana. RgP. oy its Sole Fiopiietor, Dr. Vamshi Krishna G-undla, S/ o. Gundla Laxmi Narayana, Aged .,.PETITIONER/RESPONDENT .r{ f,l! about 43 years, occ Qoctor, R/ o. H.No.2-2-2, Ambedkar chowk, Near illiitrb ra f fieJini, Jamm iku nta, Karim n agar -5051 22, Tela nga na' ...RESPONDENT/PETITIONER 2. The District Registration Authority, Rep. by its Convener, Karimnagar District' Telangana. ...RESPON DENTS/RESPONDENTS 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 Vacate the interim orders in !.A.NO. 02 0F 2025 tn wP'No'13390 0f 2025 dt.o2-O5-2025. CounselforthePetitioner:SRIY.RAMARAo&ASSoCIATES Counsel for the Respondents : SMT'K'SWAPNA MADHURI' : ASST.GP FOR MEDICAL HEALTH FW W.P.No.12867 OF 2025 Between: M/s. sri Krishna Hospital, Reppqe$g9 9-v ltl.sole proprietor Dr' M'suguna w/o Dr' Nagar Colonv, Saidabad' rvl. Raieshwar il;"eid'-\1--1:giA3ltli, Hydera6ad-, Telangana-S9 -Vi*vat<a' ...PETITIONER AND

1. The state of Telangana, (Health, Medical,andFamily.wqlfarg (A)Department') , ' i."f, by iG fjri'ri6lpiiseirdtary S6cretariat Buildings, Hvderabad'

2.TheDistrictRegisteringAuthority,andDistrictMedicalandHealthofficer' Hyderabad

3. central lnvestigation Department (c1D),, Represented by Director General' 3rd Floor DGP Offlrce, Lakdikapool, Hyderaoao' ...RESPONDENTS PetitionunderArticle226oftheConstitutionoflndiaprayingthatinthe circumstances stated in the affidavit filed therewith' the High court may be pleased to issue a Writ, order or direction and more particularly one in the nature of Writ of Mandamus declaring action of the 2nd respondent in falsely/mistakenly passing orders dated 1o-o4-2o25 ( received on 1g-o4-2}25) u/s' 9(1) of the Telangana Allopathic Private Medical Care Establishments ( Registration and Regulation) Act, 2OO2 rlw The clinical Establishment Act, 2010 and Rules 2022 thereby cancelling the license of the petitioner's Hospital at 17-1- 3831111, Vinayaka Nagar Colony,saidabad, Hyderabad-, Telangana-Sgalleging indulgence in fraudulent Chief Minister Relief Fund (CMRF) Reimbursements and also that a criminal case vide Rc.No.2529lCEA-Cellt2O25 dated 25-03-2025 is registered by the officers of Central lnvestigation Department, TG, Hyderabad (i.e Respondent no.3) against the petitioner's hospital, without issuing any mandatory notice u/s. 9(1) even though the respondent iro.3 during the enquiry/investigation upon verification of all the documents totally convinced that the petitioner is not indulged in any fraud under CMRF reimbursement whereby orally informed that no offence is made out any against the petitioner and the petitioner's hospital name will be deleted from the case as iltegal, arbitrary, unconstitutional, without any application of mind and against the principles of natural justice apart from contrary to the provisions of the Telangana Allopathic Private Medical Care Establishments (Registration and Regulation) Act. 2002 rlw The Clinical Establishment Act, 2O1O and Rules 2O22.and consequently setaside the same directing the respondents not to interfere with the operations and rights of the petitioner. lA NO: 1 OF 2025 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 suspend the operation of the orders dated 10-04-2024 passed by the Znd respondent u/s. 9(1) of the Telangana Allopathic Private Medical Care Establishments ( Registration and Regulation) Act, 2002 rlw The Clinical Establishment Act. 2010 and Rules 2022 against the petitioner's Hosprlal al#17- 1-383/1/1, Vinayaka Nagar Colony,Saidabad, Hyderabad-, Telangana-S9 with a direction not interfere with the rights of the petitioner. Counsel for the Petitioner: SRI V.M.M.CHARY counser ror the Respondents ' XglISyS$figHBllTjLo.r, ,* W.P.No.12283 OF 2025 Between: ADRM Hospital, Address. Sharadnagar, Ramanthapur, Hyderabad, Represented by its Managing Director, Dr. Adavally Mamatha, Wo. Srikanth Rao, Aged 45 years, R/o. G-2905, My Home Bhooja, Gachibowli, Hyderabad. ...PETITIONER AND

1. The State of Telangana; Rep. by its Secretary, Minisrty of Health and Family Welfare, Secretariat Buildings, Hyderabad.

2. The Collector and District Magistrate, Medchal-Malkajgiri District. 3. The Director of Public Health and Farnily Welfare, Hyderabad, Telangana. 4. The District Medical Officer, Medchal-Malkajgiri District, Telangana. : ...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, rK)re particularly, one in the nature of writ of mandamus, declaring the action of the 4th respondent, at the behest of the 1st to 3rd respondents, in issuing Registration Cancellation Order vide Rc.No.41ICEA/DM and HO/MDCU2O2S dt.17.O4.2O25 as illegal, arbitrary. violative of Articles 14, 19, 21 of the Constitution of lndia and gross violation of Principles of Natural Justice and quash the same being illegal and consequently direct the respondents to permit the petirtioner to run the Hospital without any interference. !A NO: 1 OF 2025 Petition underSection 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay the operation of Registration Carrcellation Order vide Rc.No.41ICEA/DM and HO/MDCL 12025 dt.17.04.2025 issued by the 4th respondent till the disposal of the writ petition. Counset for the Petitioner: SRI M.PHANTNDRA PAVAN KASHYAP counser ror the Respondents ' ltlffSyff$t g$B[i?llo,-r, .* The Court made the following: COMMON ORDER I t,a1r O THE HON'BLE SRI JUSTICE NAGESH BHIEMAPAKA 1 I COMMON ORDER: ln view of the commonality of the issue a1rd gfievance, these Writ Petitions are analogousty heard and taken up for disposal by way of this common order. For discussion, the facts in w.P. No.13390 of 2O25 are taken as reference.

2. The petitioner, M/s. Sapthagiri Hospital, a private healthcare institution at Jammikunta, Karimnagar District, Telangana, has filed Writ Petition No.1339O of '2025 challenging the impugned Notice Rc.No.DRA /lOlOl2025, dated 26.03.2025, issued by Res;rondent Nos.4 and 5, through which the petitioner's registration was cancelled with immediate effect and the hospital u,ias placed in the block list.

3. Heard learned counsel for the petitioner and Smt. K. Swapna Madhuri, learned Assistant Government Pleader for Medical, I{calth zrncl liamily Welfare for the respondents. Perused the record.

4. Learned cournsr:l for the pel.itioner submits that though the communication is titled a "Notice," it effectively operates as an \ l. I i l: I ! I 2 NBK, J lLP.Nox13390, 12867 and 12283 of 2025 "order," passed wi:l-rout issurng a shour:cause notice or providing an opportunity of hearing, in violation of section 32 of the clinical Bstablishments Act, 2o1o and the.principles of natural justice. It is further submitted t]lat t]:e impugned. notice lacks specific particulars regarding the alleged discrepancies or "potential" fraudulent activities and was issued without application of mind. It is further alleged that the respondents acted arbitrarily and discriminatorily by targeting small rural hospitals like the petitioner's while sparing others, thereby . violating Article 14 of the Constitution. The petitioner, a reputed rural hospital providing affordable healthcare, asserts that the arbitrary cancellat:rn has resulted in closure of the hospital, causing harclship to both the institution and the Local public. Flence, the pel.itioner seeks to set aside the impugned notice and its consequential actions as illegal, arbitrary, and violative of statutory and constitutional provisions;'

5. Learned Go":rnment Pleader for Medical, Health and Family Welfare for the respondents submits that the impugned Notice Rc.{o.DRA I lOlO I 2025, dated 26.03.2025, cancelling the registration of M/s.Sapthagiri Hospital, Jammikunta, and placing it in the block list was issued as per the directions of the Director .) \ \ 3 NBK,J lLP.Nos.Iii90, 12867 and 12283 of 2025 of Public Health and Family Welfare (DPH&FW), Telangana, based on the CID enqulry. The CID investigation revealed that 28 private hospitals, including the petitioner hospital, had submitted fake or suspilious bills under the Chief Minister's Relief zuna (CMRF) scheme, leading to criminal cases. Upon these findings, the DPH&FW directed District Medical and Health Officers to proceed under Sections 32 and,44 ofthe Clinical Establishments (Registration and Regulation) Act, 2OLO, for cancbllatidn and penalties. The impugned notice, therefore, is not arbitrary but issued in dccordance with law and oflicial directions. The petitioner has not provided any valid explanation against the CID findings, and the action forms part of a statewide dfive fraudulent clinical establishments.

6. Considering the submissions made by both the learned counsel and the material on record, this Court finds that though the impugned communication is styled as a "Notice," it effectively operates as an order of cancellation having adverse civil consequences. Admittedly, no prior show-cause notice or opportunity of hearing was afforded to the petitioner before passing such an order, rvhich is cc^rtrar5r to Section 32 of the Clinical Establishments (Registration and Regulation) Act, 2OLO t,l J 4

17. P. Nos. I 3 3 90, .1 2 E 6\7 NBK, J and 122E3 of2025 i and the principres of naturar justice. In view of the commonality of the issue, the above fi:rding shafl appty to all connected writ Petitions In view of the above finding, the impugned notices dated 7 ' 26'o3.2o2s, ro.o4.2o2s, and rz.o4.2o2s are set aside. These writ Petitio's €rre disposed of, directing the reSlondents to initiate fresh proceedings in accordance with raw by issuing a proper show-cause notice and affording reasonable opportunity to the petitioner, incruding a personar hearing, within a period of one week from the date of receipt of a copy of .this orderl and to pass appropriate orders in accordance with law. There shall be no order as to costs. Pending mi: elraneous applications, if any, shail stand closed t To, //TRUE COPY// SD/- B.REKHA RANI STRAR ASSISTANT REGI6 SECTION OFFICER

1. The Principal Secretary to the Government, Medical Health and Family Welfare Department, Secretariat, Telangana State buildings, Hyderabad, Telangana .

2. The Commissioner, Medical Health and Family Weffare Department, DM and HS Campus, Koti, Hyderabad, Telangana-S00 001.

3. The Director of Public Health and Family Welfare, Gorernment of Telangana, DM and HS Campus, Koti, Hyderabad, Telangana-S0O 001.

4. The District Medical and Health Officer, Karimnagar District, Telangana. 5. The Convener, District Registration Authority, Karimnagar District, Telangana. I

5. The collector and District Magistrate, Medchal-Matkajgiri District. 4- The District Registering Authority, and District Medical and Health fficer, Hyderabad ,/

6. The Director Genera.l, Central lnvestigation Department (ClD), 3rd Floor DGp 7 :l:Iiff:TLffiHrho o..o" ^,.., 8. One CC to SRI V.M.M.CHARY, Advocate tOpUCl 9. one cc to SRI M.PHANTNDRA PAVAN KASHYAp, Advocate [opUC] 10.Two ccs to GP for Medicar, Hearth and Famiry werfare Department,, High ;0,o""," ropuc] Court for the State of Tetangana at Hyderabat. i6dii

11.Two CD Copies BSK TKS )N, ,i ,l ,l I ,i Ij ! I I i :, , ! t I i : I : : : t HIGH COURT \ \ DATED:09/1 012025 COMMON ORDER WP.No. 13390 , 12867 & 12283 OF 2025 DISPOSING OF THE WRIT PETITIONS WITHOUT COSTS ,P