SIDDHARTH SHANKAR MISHRA v. STATE OF U.P. AND 3 OTHERS
WRIC/24667/2025 · 2025-10-13
body2025
DailyLaw.ai
[ 2025 DAILYLAW 192897 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 192897 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 24667 of 2025 Court No. - 1 HON'BLE NEERAJ TIWARI, J.
HON'BLE VIVEK KUMAR SINGH, J.
1. Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondents.
2. Present petition has been filed for setting aside the impugned notices dated 14.6.2025 & 9.7.2025 issued by the respondent no.4 wherein the operation theatre of the hospital of the petitioner has been seized.
3. Learned counsel for the petitioner assailed the impugned notice only on the ground that show cause notice was issued in gross violation of provision of Section 32(1) of Clinical Establishments (Registration and Regulation) Act, 2010 (hereafter referred to as Act, 2010). He next submitted that Section 32(1) of Act, 2010 provides three months time to show cause notice, but the in the present case only three days time has been granted. He next submitted that now more than four months time have been lapsed, therefore, writ petition may be disposed of with direction to respondent no.3 to issue fresh show cause notice disclosing all the allegations against the petitioner and further reasonable time may also be granted to him to reply the same. After receiving the reply, respondent authorities may pass appropriate order in accordance with law, which is not objected by the learned Standing Counsel for the State- respondents.
4. Under such facts and circumstances, the writ petition is disposed of with direction to respondent no.3 to issue fresh show cause notice disclosing all the shortcomings/allegations against the petitioner within Versus Counsel for Petitioner(s) : Devansh Misra, Saurabh Pandey Counsel for Respondent(s) : C.S.C. Siddharth Shankar Mishra .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s)
two weeks from the date of production of certified copy of this order. After issuance of notice, petitioner is granted two weeks further time to file reply the same. Thereafter, respondent no.3 shall pass reasoned order after providing opportunity of hearing to petitioner also. In case fresh notice is not issued within two weeks, needless to say that petitioner is given liberty to open seal of operation theatre after sending information to respondent no.3-C.M.O., Sonbhadra. October 14, 2025 Junaid WRIC No. 24667 of 2025 2 (Vivek Kumar Singh,J.) (Neeraj Tiwari,J.) Digitally signed by :- JUNAID AHMAD High Court of Judicature at Allahabad