Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 25212 of 2025
Court No. - 39 HON'BLE ARINDAM SINHA, J.
HON'BLE AVNISH SAXENA, J.
1. Mr. Harish Kumar Srivastava, learned advocate appears on behalf of petitioner and submits, the house, residence of his client, remains sealed. There be direction for opening the seal. The seal was put on 2nd April, 2025 on allegation that he is running an unregistered clinic. At that time, inter alia , his client was taken into custody and has since been enlarged on bail. 2. The writ petition was heard on 28th August, 2025. Paragraphs 3 and 4 from order made that day are reproduced below. "3. State had adjournment to obtain instruction on 14th August, 2025 to demonstrate authority for sealing petitioner's house. Today, there is prayer for further adjournment. Paragraph-1 from order dated 14th August, 2025 is reproduced below. "1. Mr. Anand Kumar Singh, learned advocate appears on behalf of petitioner and submits, prayer of his client is for direction upon respondent nos.2 and 3 to open seal of his house. On query, he submits seal was put on 2nd April, 2025. His client was in custody and has since been enlarged on bail. He seeks interference. "
4. Adjournment granted is peremptory on it being made clear, further prayer for adjournment will result in liberty granted to petitioner to break the seal."
3. Today, Mr. G.C. Tiwari, learned advocate, Standing Counsel appears Versus Counsel for Petitioner(s) : Anand Kumar Singh, Harish Kumar Srivastava Counsel for Respondent(s) : C.S.C. Avdhesh Kumar Singh .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s)
on behalf of State and hands up his instruction dated 2nd September,
2025. He submits, ground floor of the premises has been sealed as from there petitioner operated an unregistered clinic. Petitioner has access to the first floor. On query he submits, petitioner has remedy against the sealing by moving respondent no. 2 with his grievance. The Court should not interfere. The writ petition be dismissed. 4. We reproduce below paragraphs-6, 8 and 10 from the petition. "6. That the clinic/nursing home was not renewed after the 30.04.2023 and was not operational after the lapse of the period accordingly the clinic was closed and not renewed. 8. That, in the meantime, respondent no. 3 "Nodal Officer namely Dr.
Viraj under the instruction/direction of District Magistrate Sambhal inspected the house of the petitioner on 02.04.2025 and after three days last and F.I.R. dated 05.04.2025 stating therein the "Lajjawati Hospital found operational and some fresh blood and some papers has been found in dustbin and accordingly, seized the house of the petitioner and F.I.R. has also been lodged bearing F.I.R. No. 123/2025 under section 318 (4), 338, 336 (3), 340 (2) and 34 (2) National Medical Commission Act, 2019. The true copy of the F.I.R. is being filed herewith and marked as Annexure no. 3 to the writ petition for kind perusal of this Hon'ble Court. 10. That, it is also necessary to mention here after seizer of the house of the petitioner on 02.04.2025 the entrance of the whole house has been blacked and no can enter in the said house the family of the petitioner has no option but to reside at any temporary alternate residence it is further mention here that all the equipment of the house such as AC, Cooler, T.V., Fan etc. are in running position. True copy of the some of the photograph showing seal of the residential accommodation (Lajjawati Bhawan) are being enclosed as marked as Annexure No. 5 to this petition."
5. Petitioner himself says that license to run the clinic was not renewed. He also says the whole house has been sealed, while the authority says access to the first floor is available to petitioner. As such, we would not WRIC No. 25212 of 2025 2
like to be invited to enter into a dispute on facts except to direct Mr. Tiwari to hand over copy of his instruction to Mr. Srivastava. On query Mr. Tiwari confirms, the instructions carry statement that access to the first floor is available to petitioner.
In event situation on the ground is otherwise, petitioner will be entitled to approach the local police station and get assistance to obtain access to first floor of the house. If, such request is made, the police will assist petitioner to obtain access to the first floor. 6. Petitioner must find his remedy against the sealing in respect of ground floor of his house. With above direction the writ petition is disposed of. The local police to act on certified copy of this order. September 10, 2025 Shiraz WRIC No. 25212 of 2025 3
(Arindam Sinha,J.)
(Avnish Saxena,J.) Digitally signed by :- SHIRAZ ALI High Court of Judicature at Allahabad