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2025 DAILYLAW 144725 (ALL)

DR. AFROZ AHMAD KHAN AND ANOTHER v. STATE OF U.P. THRU. ADDL. CHIEF SECY. MEDICAL HEALTH GOVT. OF U.P. LKO. AND 3 OTHERS

WRIC/5624/2025 · 2025-07-22

Manish Kumar, Rajan Roy

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:41926-DB Court No. - 2 Case :- WRIT - C No. - 5624 of 2025 Petitioner :- Dr. Afroz Ahmad Khan And Another Respondent :- State Of U.P. Thru. Addl. Chief Secy. Medical Health Govt. Of U.P. Lko. And 3 Others Counsel for Petitioner :- Ajey Singh Counsel for Respondent :- C.S.C.,Mohd. Mansoor,Sabir Ali Hon'ble Rajan Roy,J. Hon'ble Manish Kumar,J. Counter affidavit filed by learned counsel for the opposite party nos. 3 and 4 is taken on record. Heard. The petitioners were running a hospital in the name and style of Avicena Health Care & Research Center at Sarvodaya Nagar, Lucknow. They were not desirous of continuing the hospital any further, therefore, they applied C.M.O. for cancellation of its registration under the Clinical Establishment (Registration and Regulation) Act, 2010. The said application was accepted and the registration was cancelled vide order dated 03.02.2025 with immediate effect. The grievance is that in-spite of it, the private opposite party nos. 3 to 4 with whom petitioners had an agreement are still admitting patients and running the hospital. Learned Counsel for the opposite party nos. 3 and 4, who has filed counter affidavit today says that there is an agreement between his clients and the petitioners, which is still subsisting, however, on being asked as to how, once the registration of the hospital has been cancelled, it can be run any further, it is submitted that the opposite party nos. 3 and 4 have applied for registration of the hospital. This is hardly an explanation to be accepted. It is a matter of inquiry as to how after cancellation of registration, the hospital has been run, if it is so or if it is still being run. The C.M.O. should not have sat over the complaint of the petitioners dated 21.05.2025, if he had received the same. Nevertheless, let the C.M.O. concerned look into the matter now and do the needful, as per the law. As regards, the dispute, if any, between the opposite party nos. 3 and 4 with the petitioners that is a separate matter and our order shall have no bearing as to the dispute inter-se between the said parties for which they can pursue remedies prescribed in law. The C.M.O. concerned shall ensure prompt action positively within ten days. Shri Rajesh Tiwari, learned Additional Chief Standing Counsel shall communicate this order to C.M.O. concerned for compliance. Writ petition stands disposed of. [Manish Kumar, J.] [Rajan Roy,J] Order Date :- 22.7.2025 Ashish Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench