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2025 DAILYLAW 63322 (ALL)

MAA NARAYANI DEVI HOSPITAL v. STATE OF U.P. AND 2 OTHERS

WRIC/20715/2025 · 2025-09-16

Amitabh Kumar Rai, Saral Srivastava

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 20715 of 2025 Court No. - 40 HON'BLE SARAL SRIVASTAVA, J. HON'BLE AMITABH KUMAR RAI, J. 1. Heard Sri Shivam Yadav, learned counsel for the petitioner and learned Standing Counsel for the State-respondents. 2. The petitioner, being aggrieved by the order dated 10.02.2025 passed by the Chief Medical Officer, District Auraiya, whereby the nursing home of the petitioner has been sealed, has preferred the present writ petition. 3. The grievance of the petitioner is that the order dated 10.02.2025 has been passed ex-parte, without affording any notice or opportunity of hearing to the petitioner. Learned counsel for the petitioner submits that the petitioner has already submitted a representation before respondent no.3 against the impugned order dated 10.02.2025, but respondent no.3, though seized of the matter, is not taking any decision. 4. It is further submitted that since the impugned order was passed without giving any opportunity of hearing, it is not sustainable in the eyes of law, and respondent no.3 is duty-bound to consider and decide the representation of the petitioner in accordance with law. 5. Learned Standing Counsel submitted that no useful purpose would be served in keeping the writ petition pending and appropriate direction may be issued to respondent no.3 to consider the grievance of the petitioner. 6. In such view of the fact, the present writ petition is disposed off permitting the petitioner to file a detailed representation along with a certified copy of this order raising all his grievance before the respondent Versus Counsel for Petitioner(s) : Shivam Yadav, Udai Bhatia Counsel for Respondent(s) : C.S.C. Maa Narayani Devi Hospital .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) No.3, Chief Medical Officer, Auraiya, District Auraiya within a period of one month from today. In case, any such representation is filed by the petitioner, the respondent no.3 shall consider and decide the same, strictly in accordance with law within a period of two months after giving due notice and opportunity of hearing to the petitioner and after supplying all the materials which the authority wants to rely against the petitioner from the date he receives representation of the petitioner. September 17, 2025 Gaurav WRIC No. 20715 of 2025 2 (Amitabh Kumar Rai,J.) (Saral Srivastava,J.) Digitally signed by :- GAURAV PATEL High Court of Judicature at Allahabad