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2025 DAILYLAW 55391 (ALL)

SHAILENDRA KUMAR v. STATE OF U.P. AND 4 OTHERS

WRIC/14587/2025 · 2025-05-14

Shekhar B Saraf, Y K Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:80955-DB Court No. - 40 Case :- WRIT - C No. - 14587 of 2025 Petitioner :- Shailendra Kumar Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Akhilesh Kumar Counsel for Respondent :- C.S.C. Hon'ble Shekhar B. Saraf,J. Hon'ble Dr. Yogendra Kumar Srivastava,J. 1. Heard learned counsel appearing on behalf of the parties. 2. This is a writ petition under Article 226 of the Constitution of India wherein the writ petitioner has prayed for the following substantial relief: "Issue a writ, order or direction in the nature of mandamus directing to the Respondent No. 3/Chief Medical Officer, District-Kaushambi to cancel the Matra Chhaya Skin and Hair Clinic, run by Respondent No. 5 (Dr. Jitendra Kumar Singh (J.K. Singh) without having Registration in the similar name and style of Petitioner's Medical Store being. Matra Chhaya Medicare, Medical Store, having License Form-20 No. UP 73200000313 and License Form-21 No. UP 73210000313, having its Registration No. 181022/0040747, in the name of Shailendra Kumar/Petitioner and take legal action against the Respondent No. 5, in pursuance of the order dated 31.01.2025." 3. The factual matrix of the present case is that on a complaint made by the petitioner, a clinic that was being run by the respondent No.5, was sealed by a team headed by the Chief Medical Officer concerned. However, it appears that subsequent to the same, the respondent No.5 has again started running the clinic and further complaint made by the petitioner has fallen in devoir. 4. In light of the same, we direct the Chief Medical Officer concerned to once again look into the matter and take strict action against respondent No.5 in accordance with law. The CMO should investigate the matter and if it is found that the respondent No.5 is running the clinic without any registration, necessary action should be taken under the law. 5. With the aforesaid directions, the writ petition is disposed of. Order Date :- 15.5.2025 Kuldeep (Dr. Y.K. Srivastava, J.) (Shekhar B. Saraf, J.) Digitally signed by :- KULDEEP SINGH High Court of Judicature at Allahabad Digitally signed by :- KULDEEP SINGH High Court of Judicature at Allahabad