High Court · 2025

Petition under Section 151 CPC praying that in the circumstan the affidavit filed in support of the petition' the High Court may b direct the Respondent Nos 2 to 4 to forthwith remove the seal petitioners hospital on 08 02 2025 pursuant to the seizure pancha theabsenceofthepetitionerandtoallowthepetitionertorun situated at Road No 1' Doctors Colony' Saroornagar' pending di above writ Petition ces stated in e pleased to put over the nama held in the hosPital sposal of the Gounsel for the Petitioner : SRI VEMULA SURESH counserfor the Respondents No'1to3 ' itlfat}ffXfi'I$BllTL^LrH Fw Counsel for the Respondents No'4 : GP FOR HOME The Court made the following: ORDER t i n THE HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No. 14113 of2o25 ORDER: This Writ Petition is frled declaring the action of the 2"4 respondent in highhandedly seizing the petitioners hospital situated at Road No. 1, Doctors Colony, Sarrornagar on

21.O1.2025 pursuant to the registration of crime in FIR No'85 of 2025, dated 21.01 .2025 on the frle of 4ft respondent and further conducting seizure panchanama putting the seal over the petitioners hospital on O8.O2.2O25.

2. Heard Sri Vemula Suresh, learned counsel for petitioner and Smt K.Swapna' Madhuri, learned Assistant Government Pleader for Medical and Health for respondent Nos'2 and 3 Perused the record.

3. Learned counsel for the petitioner submits that the petitioner is the Managrng Director and founder of Alakananda Multispecialty Hospital, established seven months ago in Saroornagar, Ranga Reddy District. The hospital premises were leased from 29.06.2024 for five years at Rs'2,0O,000/- per month. On 21.01.2025, based on false information, the Dy' 2 NBKJ W.P. No.14113 o12025 *,i DHMO inspected the hospital alleging illegal kidnev transplants involving two donors from Tamil Nadu and two recipients from Karnataka, with surgeries allegedly performed on O 1 'O 1 '2025 without permission. A case was registered under the Transplantation of Human Organs and Tissues Act (FIR No'85 of 2025). The petitioner was arrested and later released on bail on O4.O4:2O25. While petitioner was in custody, the hospital was sealed on O8.O2.2O25 without any notice or opportunity to explain. The sealing has caused mental and finalcial harm ald damaged the hospital's reputation. The petition to remove the seal was returned ,*,ithout a hearing. The petitioner has invested heavily in the hospital, employing 30 staff mernbers' The main accused admitted that the hospital was not involved. The seizure is arr abuse of power, and the petitioner requests this Court to remove the seal. Hence, this Writ Petition.

4. Learned Government Pleader for Medical, Health and Family welfare for respondents f,rled counter affrdavit stating that petitioner applied for registration of So-bed on 12 'O7 '2024, bwt after inspection, permission was granted for onllr 9 beds' The hospitalwasregistered,on2O.OT.2024,validlldrrtill9'O7'2029' t\ I r] 1) NAl(J W-P. No.14113 oI2025 On 21.OL.2O25, based on anonymous information about illegal kidney transplants, the hospital was inspected' Four patients were found to have undergone kidney transplants without proper medical records. The patients were moved to Gandhi Hospitai, and the hospital was sealed to preserve evidence' An FIR was hled, and the petitioner was arrested. On O8'02'2025, police seized surgery kits and medical reports linked to donors Ms' Nasreen Banu Eliyash and Ms.Priodhosh' A committee found that poor donors were exploited by brokers who received Rs'4 lakhs for arranging kidney donations, while recipients paid large sums to the hospital. The hospital conducted illegal kidney transplants, violating the Telangana State Clinical Establishments Act,201O. Therefore, on 22'Ol'2025, the hospital's registration was canceled under Section 8(3) of the Act to protect patient safety, and the hospital was ordered to stop operations. Therefore, prayed this Court to dismiss the Writ Petition.

5. After considering the submissions of both learned counsel, this Court hnds that the seizure and sealing of the petitioner's hospital by 2.'a respondent was based on credible information and supported by evidence of illegal kidney transplant surgeries 4 NBKJ W.P. No.14113 of 202s conducted without proper authorization or medical records' It may be noted that action was taken to protect public health arrd safety under the Telangana State Clinical Establi shments Act' 20 10. The petitioner was afforded opportunity to seek lega1 remedies. Therefore, seizure and cancellation of the hospital's registration was justi{ied. Consequently, there is no merit in this writ petition and the same is liable to be dismissed' 6 Accordingly, the Writ Petition is dismissed' There shall be no order as to costs. Pending miscellaneous applications, if any, shall stand closed ) 'Rtti,'flLYA?I'tFRRX ,,TRUE COPYI' SECTTON OFFICER ,O,.. ON" CC tO SRI VEMULA SURESH' AdVOCAIE MED..AL HEALTH Fw' ' iiia:*8iIi-

3. Two CD CoPies' toPucl High Court for the State of BSK BS l ; I HIGH COURT DATED:2310712025 \ t i ORDER WP.No.14113 of 2025 .H 1 E I 4 r€ R ? 2 t i EU ) f t- t DISMISSING THE WRIT PETITION WITHOUT COSTS t I i I