M. Vittal Singh v. 1. The State of Telangana

Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances'stated in the affidavit filed therewith, the High Court may be pleased to issue an order, writ, or direction, particularly in the nature of a Writ of Mandamus, setting aside the entire proceedings initiated by the 2nd Respondent, including the Notice and the subsequent seal of the petitioner's clinic premises on 18/06/2025, as being illegal, arbitrary, and without jurisdiction and consequently direct the respohdents 2 to 6 to forthwith unseal the clinic premises, release the clinic keys, and hand over peaceful possession of the petitioner's clinir; premises situated at Manchippa viilage, tMugpar Mandar, Nizamabad District. IA NO:1 OF 25 Petition unrjer Section 151 cPC praying that in the circumstdnces stated in the affidavit file d in support of the petition, the High court may be pleased to st,tspend the Notice issued by the 2nd respondent dated 1g.06.2025 and sealing the petitioner's clinic premises situated at Manchippa Village, Mugpat fVlandal, Nizarnabad Distric't on 18.06. 2025, pending disposar of the above writ petition. counsel for the p*titioner: sRt p. VTSHNUVARDHANA REDDY counsel for the Rerspondents Nos.1 to 3: smt. swApNA MADHURT, AGp FoR MEDICAL HEALTH & FW counsel for the Respondent No.4: sRr sAM 'ANDEE' Counsel for the Respondent No.5: Gp FOR REVENUE Counsel for the Re,spen6snt No.6: Gp FOR HOME The Court made thr: following: ORDER REDD', sc FoR TSM. i * ,t t wp 32970_2025 NBK, J ON' ORDER The case of the petitioner, precisely as per the writ affidavit, is that he is a Private Medical Practitioner, running a First-Aid Clinic at Manchippa Village, Mugpal Mandal, Nizamabad District, since 1995, and he has undergone training in Community Paramedics Course in20Il-1,2; and he has been looking after first-aid medical requirement in Manchippa and neighbouring villages also. It is the grievance of the petitioner that the 2nd respondent-District Medical & Health Officer visited the petitioner's clinic and seized it on 18.06.2025 on the grounds that the petitioner has been giving modern medicines and allopathic medicines without any qualifications. A case has been registered against the petitioner in FIR No.l3 of 2025 dated

25.01.2025.In compliance with the regulation under National Medicat Council AcL and Telangana State Medical Council Act, the petitioner recruited Mr.Erakala Akhil, who is said to have qualified MBBS course, with registration No.TSMC/F\vR/20002. Petitioner submits that his son is a quatified medical doctor (MBBS, MD), and the illegal seizure is violating the fundamental right of his son to practice medicine. The petitioner approached the 4th respondent-Chairman, TMC, on24.07.2025, detailing all the corrective o actions taken by him as per the regulations of NMC, and TSMC, and he also \ made a comprehensive representation to the 5ft respondent-District Collector, Nizamabad, on 04.08.2025,but no action for unseating the petitioner's clinic was taken. Hence, he seeks a direction to respondents No.2 to 6 to forthwith unseal the clinic premises, release the clinic keys, and handover the peaceful possession of petitioner's clinic premises. I t { 2 wp_32970_2025 7^.1 N8K, J 2' Hearcl Mr. P. Vishnuvardhana Reddy, learned counsel for the petitioner; and Smt- Suapna Madhuri, learned Assistant Govemment Pleader for Medical & Health. Pt:rused the record. 3' The grievance of the petitioner lies in a narrow compass. His first-aid clinic has be:en seized on the ground of giving allopathy medicines without necessary quralification. Howevei, it is his case that he recruited a qualified medical doctor and comptied with the norms ofNational Medical Council, and Telangana S'ate Medical Council, and that he made a representation to the respondent ar-rthorities but no action was taken to unseal the clinic. 4' Considering the nature of grievance, the writ petition is disposed of by permitting the petitioner to make a detailed representation to the District Medical & Health officer, Nizamabad, in response to the impugned seizure dated 18-06.2025 within a period of two week from the date of receipt of a copy of this Order, and upon receipt of such representation, the District Medical & H':alth Officer shall independently examine and veriff the clinic and also the ctaims being made by the petitioner with regard to compliance of nolrns' The District & Medical Health Officer, upon being satisfied that all the nolrns stipulated by NMC and TSMC have been complied by the petitioner, he shall pass appr:opriate orders within two weeks thereafter, in accordance with law. No costs. Miscellaneous petitions pending, if any, shall stand closed. SD/.MOHD. ISMAIL REGISTRAR * //TRUE COPY// OFFICER To, '.

1. The Principal_Secretary, Health, Medical and Family Welfare (F'l) Depa rtmen i, Secreta riat B uild ing, Hyderabad.

2. The District Medical and Health Officer, Nizamabad District, O/o. New Dm and Ho Building, District Head Quarters, Hospital Premises, Khaleelwadi, Nizamabad - 503001

3. The Deputy Medical and Heatth Officer, Nizamabad District, O/o. New Dm and Ho Building, District Head Quarters, Hospital Premises, Khaleelyvadi, Nizamahad - 503001. _:1.::.:::::: _ :*-..i:==::-::Fs_bj:_==i=__r_1 - \ :i i Hfierabad Telangana 500095'

4. The chairman, Telangana state Medical council sultan Bazaar - Koti' ' 5. The District collector and Magistrate, Nizamabad District' Telangana 6. The station House officer, Mugpal Police Station, Nizamabad District' Telangana 503230 I, t' '.t ...

7.O-ne;CCtoSRIP.VISHNUVARDHANAREDDYAdvocateIOPUCI 8:. one CC to SRI SAM SANDEEP REDDY, SC FoR TSIVIC IoPUC] 9. TWO CCS tO GP FOR TVIEDICAL HEALTH' High COUrt fOr thc StAtE Of - iJringina at HYderabad ' [oUT] 10.Two ccs to GP FOR REVENUE, High court for the state of Telangana at 11.Two ccs to GP FOR HOIUE, High court for the State of Telangana at Hyderabad . [OUT]' Hyderabad . [OUT]

12. CD PMK BS t ,l I I I HIGH COI.'RT DATED i31111012025 \ \ ,( S 21 Jrt{ 202i ,. t : .:} ( (-1 * ORDER WP.No,32:,970 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS il6 M t