1 2025:CGHC:15330 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 280 of 2017 S. S. EH. Alternative And Naturopathy Yoga Science Medical College Through The Director Dr. Dinesh Sahu, S/o Shri Pardeshi Ram Sahu, Aged About 39 Years, R/o Village Dhamdha, Tahsil Dhamdha, District Durg (CG) ... Petitioner versus 1 - State Of Chhattisgarh Through Its Secretary, Department Of Health, Mantralaya, Mahanadi Bhawan, Naya Raipur, District Raipur (CG) 2 - The Director, State Of Chhattisgarh, Directorate Of Health Services, Indrawati Bhawan, 3rd Floor, Naya Raipur, District Raipur (CG) 3 - The Director, Directorate Of Ayurved Yog Evam Prakritik Chikitsa, Unani, Siddha Evam Homeopathy Ayush, Chhattisgarh, Raipur (CG) 4 - The Collector, Durg, District Durg Chhattisgarh(CG). ---- Respondents _____________________________________________________________ For Petitioner :Shri Ashish Surana, Advocate appears through Video Conferencing For Respondents/State :Shri Ratan Pusty, Government Advocate ------------------------------------------------------------------------------------------------------- Single Bench:Hon'ble Shri Justice Sanjay S. Agrawal Order On Board 01.04.2025 1. By virtue of this petition, the petitioner is praying for the following reliefs at paragraph 10.1 to 10.3 :- 10.1. issue an appropriate writ(s)/order(s) directing the respondent authorities to decide the complaint filed against the petitioner and as has been forwarded by the Collector vide its communication dated 03/04.08.2011; SUNITA GOSWAMI Digitally signed by SUNITA GOSWAMI Date: 2025.04.01 18:45:31 +0530 2 10.2 issue an appropriate writ(s)/orders(s) directing the respondent to decide the petitioner’s claim for grant of permission to run and manage the Institute of Alternative Medicine from Naturopathy and Yoga in the premises and land owned by it; 10.3 grant any other relief(s) to the petitioner, which this Honourable court may deem fit and proper in the facts & circumstances of the case. 2. It is the contention of the petitioner that despite the directions issued by this Court vide order dated 16.09.2015 in an earlier petition, being WPC No.5275/2011, the alleged complaint made by the Collector, Durg on 03/04.08.2011 against the petitioner-Institution has not been decided in compliance of the said direction by the respondent No.2- The Director, State of Chhattisgarh, Directorate of Health Services and, is pending since 2011 on the ground that he has no jurisdiction to decide the same. 3. On the other hand, learned counsel appearing for the respondents/ State submits that the relief as prayed for by the petitioner-Institution in the earlier petition has already been disposed of by this Court vide order dated 16.09.2015, therefore, the instant petition as framed, deserves to be dismissed in limine. 4. From perusal of the record, it appears that one of the students of the petitioner-Institution, namely, Umesh Soni, who was enrolled in the course of Naturopathy, was expelled and on the complaint being made by him in the “Jandarshan Programme” in CM House on 16.09.2010, an inquiry, as directed by the Collector, was conducted by the Block Medical Officer, Dhamdha, who gave his report, wherein, it was found that the petitioner-Institution was being run without approval of the State Government and, based upon which, the 3 Collector, Durg vide its order dated 04.08.2011, directed the Sub-Divisional Officer, Durg to go through the report submitted by the Block Medical Officer and take an appropriate action in this regard, including the sealing of the entire premises of the petitioner-Institution. It appears further that in pursuance to the said order, as passed by the Collector, Durg, the Tahsildar, Dhamdha vide order dated 08.08.2011 directed the Block Medical Officer and Station House Officer, Dhamdha for sealing the petitioner-Institution’s premises on 11.08.2011 and, accordingly, it was sealed and, being aggrieved with the same, the petition, being WPC No.5275/2011 was instituted by the petitioner-Institution, wherein, the following reliefs were claimed at paragraphs 10.1 to 10.3 :- “10.1 That, this Hon'ble Court may kindly be pleased to call for the entire records relating to passing of impugned orders dated 08/08/2011 and 11/08/2011 for its kind perusal. 10.2 That, this Hon'ble Court may also kindly be pleased to set aside/quash the impugned orders dated 08/08/2010 (wrongly mentioned instead of 08.08.2011) & 11/08/2011 passed by the respondents, as being illegal and arbitrary. 10.3 Any other relief, including the cost of this petition, as it appears to be fit and appropriate to this Hon'ble Court”. 5. It appears that after considering the said petition, this Court vide order dated 16.09.2015 (Annexure P-2) has directed at paragraphs 7 and 8, which are relevant for the purpose, read as under :- “7. Considering the submissions of the parties this Court feels it proper and in the interest of justice to dispose of this petition with a direction to the Director, 4 Health Services, Chhattisgarh to decide the complaint made by the Collector against the petitioner-institution by letter dated ¾.8.2011. Director would be under obligation to give proper opportunity to the petitioner to explain its case and after complying the principle of natural justice would pass the order within two months from the date of receipt of this order. 8. It is made clear that the Director Health Services, Chhattisgarh will not be influenced by any correspondence made from any office and would independently decide the case on its own merits. On undertaking given by the petitioner before the Collector, Durg within two weeks from today that it would not use the premises for running the institution till the decision of the Director, the lock put on the said premises shall be opened forthwith and the Revenue Authorities shall not create any hurdle in the use of the premises by the petitioner for some other purpose”. 6. Considering the facts and circumstances of the case in the light of the observations made hereinabove in the above-mentioned petition, it is apparent that a direction has already been issued to the Director, Health Services, Chhattisgarh to decide the complaint made by the Collector on 3/4.8.2011, I am, therefore, not inclined to entertain this petition. 7. The petition is, accordingly, dismissed. No order as to cost(s). Sd/- (Sanjay S. Agrawal) JUDGE sunita