Neutral Citation No. - 2025:AHC-LKO:13310-DB Court No. - 2 Case :- WRIT - C No. - 1947 of 2025 Petitioner :- Ram Singh Respondent :- State Of U.P. Thru. Prin./ Addl. Chief Secy. Medical Health And Family Welfare Lko And Ors. Counsel for Petitioner :- Basant Lal Yadav,Dileep Kumar Yadav Counsel for Respondent :- C.S.C.,Suresh Chandra Verma Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J. Heard. The petitioner's premises, where Ayurvedic medical services were being rendered, was initially sealed on 05.11.2024. The petitioner submitted an application for desealing of the said premises on 27.11.2024, thereafter, the impugned order has been passed on 28.01.2025 imposing a monetary penalty of Rs.50,000/- with certain observations. Apparently, the provision of Section 41 of The Clinical Establishments (Registration and Regulation) ACT, 2010 and the procedure prescribed therein for imposing the penalty has not been followed, therefore, apparently the said order is bad. Moreover, subsequently i.e. on 08.01.2025, the establishment has been registered under The Clinical Establishments (Registration and Regulation) ACT, 2010, therefore, now there is no occasion for its seizure unless there are some other formalities required to be completed by the petitioner for running the clinic or hospital, as the case may be, but so far as the monetary penalty is concerned, the same is liable to be quashed for violation of Section 41 of The Clinical Establishments (Registration and Regulation) ACT, 2010, which has apparently not been followed. We, therefore, quash the impugned order in so far as it imposes penalty of Rs.50,000/-. As far as seizure is concerned, as the petitioner's establishment has now been registered under The Clinical Establishments (Registration and Regulation) ACT, 2010 w.e.f. 08.01.2025, if there is no other legal impediment, the establishment shall be allowed to run as per The Clinical Establishments (Registration and Regulation) ACT, 2010 and the Rules made thereunder. However, if there is any legal impediment in this regard, the same shall be communicated to the petitioner. As regards the monetary penalty, the opposite parties, if they still want to impose any such penalty, can proceed afresh as per law. The Writ Petition stands allowed in the aforesaid terms. (Om Prakash Shukla,J.) (Rajan Roy,J.) Order Date :- 5.3.2025 Saurabh Digitally signed by :- SAURABH VERMA High Court of Judicature at Allahabad, Lucknow Bench