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2025 DAILYLAW 186982 (ALL)

MEDOLX HOSPITAL A CLINICAL ESTABLISHMENT THRU. OPERATOR PUTTI LAL v. STATE OF U.P. THRU. ADDL. CHIEF SECY. MEDICAL AND HEALTH AND 2 OTHERS

/10608/2025 · 2025-11-20

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 10608 of 2025 Court No. - 3 HON'BLE SHEKHAR B. SARAF, J. HON'BLE MANJIVE SHUKLA, J. 1. Heard Shri Mohit Shukla, learned counsel for the petitioner and learned Standing Counsel appearing for the State. 2. This is a writ petition under Article 226 of the Constitution of India wherein the petitioner is aggrieved by the impugned order dated 14.07.2025 and the consequential order dated 16.07.2025. By virtue of the order dated 14.07.2025, the registration of the petitioner/hospital was cancelled and subsequently by the order dated 16.07.2025, the premises of the hospital were seized. 3. Counsel appearing on behalf of the respondents has specifically stated that the cancellation order was passed under Section 32 of the Clinical Establishment (Registration and Regulation) Act, 2010. He submits that a proper procedure was carried out and on the complaint received by husband of the victim, the actions have been taken. He further submits that the proviso to Section 32 of the said Act clearly provides for a right of the authorities to restrain the clinical establishment from carrying on the business if the authorities feel that there is imminent danger to health and safety of the patients. 4. Keeping in mind, the manner in which, the case of the complainant was dealt with, the authorities felt it necessary to seal the said hospital. Counsel on behalf of the respondents further submits that the petitioner Versus Counsel for Petitioner(s) : Mohit Mishra Counsel for Respondent(s) : C.S.C. Medolx Hospital A Clinical Establishment Thru. Operator Putti Lal .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Medical And Health And 2 Others .....Respondent(s) has a right to challenge the order of cancellation of registration under Section 36 of the said Act. He submits that in the present facts and circumstances of the case, the petitioner should have approached the appropriate authority by filing an appeal and not by way of the present writ petition as due procedure has been followed by the authorities. 5. Upon perusal of the documents, we find that correct procedure has been followed by the authorities and remedy to the petitioner lies in filing an appeal before the authority concerned. 6. Counsel appearing on behalf of the petitioner has relied upon a judgment passed by a co-ordinate Bench of this Court in the case of Apolo Hospital Multi Speciality Centre Hospital Vs. State of U.P and others, Writ-A No.6476 of 2025 decided on 08.08.2025. 7. The above judgment is clearly distinguishable on facts as the person issuing the order in that case was not authorized to do so while in the present case the authorized person has passed the order under Section 32 of the Act. 8. Accordingly, the writ petition is dismissed. November 20, 2025 akhilesh/- WRIC No. 10608 of 2025 2 (Manjive Shukla,J.) (Shekhar B. Saraf,J.) Digitally signed by :- AKHILESHWAR KUMAR High Court of Judicature at Allahabad, Lucknow Bench