::1:: APHC010614982025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] TUESDAY,THE SEVENTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 32497/2025 Between: 1. A SHAKEER AHMED, S/O ABDUL WAHAB, AGED ABOUT 60 YEARS, OCC DOCTOR, R/O KODUMUR VILLAGE AND MANDAL, KURNOOL DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP. BY IT'S PRINCIPAL SECRETARY MEDICAL AND HEALTH DEPARTMENT, SECRETARIAT BULDINGS, VELAGAPUDI, GUNTUR DISTRICT. 2. THE DISTRICT MEDICAL AND HEALTH OFFICER, KURNOOL DISTRICT AT KURNOOL CITY. ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, Order or Direction more particularly one in the nature for Writ of Mandamus declaring the action of the 2nd Respondent in seizing the entire Nursing Home of the Petitioner by taking away his livelyhood under the Panchanama dated 21-09-2025, being ::2:: run by the Petitioner under the name and style of M/s Basha Narsing Home for the alleged violation under Pre-Conception and Pre-Natal Diagnostic Techniques Act, 1994 (PC and PNDT) Act instead of seizing the connected material alone, is as illegal, contrary to the Rules made under PC and PNDT Act, 1994, The Andhra Pradesh Allopathic Private Medical Care Establishments (Registration and Regulation) Act, 2002 (Act 13 of 2002), The Indian Medicine Central Council Act, 1970, violation of principles of natural justice apart from violation of Art 14, 19 and 21 of Constitution of India and consequently direct the 2nd Respondent to permit the petitioner to run his Nursing Home by un-locking the Basha Nursing Home at Kodumur which was seized on 21-09-2025 by the 2nd Respondent and to pass Counsel for the Petitioner: 1. J U M V PRASAD Counsel for the Respondent(S): 1. GP FOR MEDICAL HEALTH FW ::3:: HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA W.P.No.32497 of 2025 This Court made the following ORDER: Learned counsel for the petitioner submits that the 2nd Respondent herein erroneously and without following due procedure seized the petitioner’s Hospital under the name and style “Basha Nursing Home”, near Y.R. Centre, Kodumur, Kurnool District on the ground that the petitioner’s Hospital did not possess required documents and also Registration Certificate as required under Andhra Pradesh Allopathic Private Medical Care Establishments (Registration and Regulation) Act, 2002 (for short “Act, 2002”), more over the Registration required under Pre- Conception and Pre-Natal Diagnostic Techniques Act, 1994 (PC&PNDT) Act (for short “Act, 1994”). 2. Learned counsel for the petitioner further submits that the seizure of premises of the petitioner’s hospital is contrary to law for the reasons that the petitioner’s hospital was earlier granted registration under the provisions of the Act, 2002 vide registration ::4:: No.396, dated 20.07.2019 which is valid up to 19.07.2024. The petitioner inadvertently not submitted his application for renewal of registration under the Act, 2002. In the meanwhile, the respondents inspected and seized the petitioner’s Hospital on the guise of Panchanama dated 21.09.2025. Hence the writ petition. 3. Learned Government Pleader for Medical and Health submits that he filed counter-affidavit on behalf of Respondent No.2, wherein it is stated as under: “5. It is respectfully submitted that, in reply to the Pra Nos.7 and 8 of the affidavit, in view of the foregoing, the petitioner have blatantly violated the mandatory statutory provisions under the Act, 2002 by running a medical establishment under the name and style Basha Nursing Home at Kodumur of Kurnool District without valid registration, which was Registered for the period from 20.07.2019 to 19.07.2024 only in the name of Basha Nursing Home bearing Registration No.396/APAMCE/DMHO/KNL/2018. It is further submitted that the petitioner made an application for renewal of registration on 09.10.2024. It is submitted that, Rule 6 of the A.P Allopathic Private Medical Care Establishments Rules, 2007 read as follows:- “The establishment shall apply for renewal in form VI, annexed to these rules, along with payment of the fees prescribed in the Rule 15(a), three months before expiry of the registration period of five years. 6. It is further submitted that on 09.10.2024, the 2nd Respondent has rejected the application of the Petitioner for renewal under Act, 2002. On verification, it is found that, doctors certificates in full shape not submitted, pollution certificate was not properly enclosed along with the application. It is submitted that, after the seizure of the Hospital, the Petitioner has applied for renewal of registration on 25.09.2025 but, the same was rejected on the same day. On verification, it is found that, Para medical staff, duty doctors certificates along with Gynaecology doctor ::5:: certificates and staff nurses certificates not submitted along with the application form. The Renewal of Registration under Rule 6 requires the fulfilment of standards of equipment and service available at the private medical care establishment. Unless, ful particulars of the infrastructural facilities, equipment and qualification certificates are detailed in the form, petitioner, being a doctor by profession, is presumed to be well aware of the legal requirements, yet has chosen to run an unregistered hospital under PCPNDT Act, 1994 and without any valid registration under APAPMCE Act, 2002 which is patently illegal and indulging himself in unethical practice.” 4. In view of the violation and running the Hospital without there being any valid license and valid registration certificate under the Act, 2002 as well as under the Act, 1994 is certainly contrary to law. Accordingly, the Hospital of the petitioner was seized considering the violations on the part of the petitioner. 5. In reply, learned counsel for the petitioner submits that the petitioner is ready to submit required documents for grant of registration and license as required under the provisions of Act, 2002 and Act, 1994 and any other requirements to be fulfilled for granting registration and license for running the Nursing Home. He further submits that let there be a direction to the respondent authorities to consider the application of the petitioner for grant of registration if petitioner complied with all the requirements in accordance with law. ::6:: 6. Heard learned counsel for the petitioner and learned Government Pleader for Respondent Nos.1 and 2 and perused the material placed on record. 7. In view of submissions made by both the parties and on perusal of the material placed on record, it is observed that as of now neither registration nor any license in respect of petitioner’s Hospital under the Act, 1994 and Act, 2002 are not in force and the period of registration and license were lapsed more than one year ago. It is settled law that without there being proper registration and license, no person or Doctor can be permitted to run or carry out a Hospital or Nursing Home. Admittedly it seems that the petitioner’s registration and license were already expired on 20.07.2024. Therefore, the petitioner shall obtain required registration and licenses for running the Hospital or Nursing Home under the Act, 1994 and Act, 2002. 8. In view of the same, this Court is inclined to dispose of the present writ petition directing the petitioner to submit all the required application/documents or representation for grant of registration or license for running the Hospital or Nursing Home to the authorities concerned within a period of four (04) weeks from today and after such submission, the respondent authorities shall ::7:: enquire into the matter and process the application or representation of the petitioner and if found all are in accordance with law the respondent authorities are at liberty to grant registration or license to the Hospital or Nursing Home or to pass speaking orders in accordance with law after four (04) weeks thereafter. 9. Accordingly, with the above directions, the Writ Petition is disposed of. No costs. Consequently, miscellaneous petitions, if any, pending in this writ petition shall stand closed. _________________________________ VENKATESWARLU NIMMAGADDA, J DT: 17.02.2026 NOTE: Issue CC by 02.03.2026 (B/o) krk ::8:: HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA W.P.No.32497 of 2025 DT: 17.02.2026 NOTE: Issue CC by 02.03.2026 (B/o) krk 65