1 CGHC010329852026 2026:CGHC:37761 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4373 of 2026 1 - D.D. Hospital Collectorate Road, Semra, Pendra Road, Distt.- Gaurela- Pendra-Marwahi, C.G., Through Its Director Kamal Kishore Mishra, S/o- Din Dayal Mishra Age- 54, R/o- D.D. Hospital, Collectorate Road, Semra, Pendra Road, Distt.- Gaurela-Pendra-Marwahi (C.G.) ... Petitioner Versus 1 - State of Chhattisgarh Through Its Secretary, Health And Family Welfare Department, Mahanadi Bhavan, Naya Raipur District- Raipur (C.G.) 2 - Director Directorate of Health Services, Indravati Bhavan, Naya Raipur District- Raipur (C.G.) 3 - Collector District- Gaurela-Pendra-Marwahi (C.G.) 4 - Chief Medical And Health Officer District- Gaurela-Pendra-Marwahi (C.G.) 5 - Block Medical Officer Gaurela, District- Gaurela-Pendra-Marwahi (C.G.) ... Respondents (Cause title is downloaded from CIS Periphery.) For Petitioner : Mr. Mateen Siddiqui, Senior Advocate with Mr. Abhyuday Tripathi, Advocate. For State : Mr. Anand Dadariya, Dy. A.G. RAVVA UTTEJ KUMAR RAJU Digitally signed by RAVVA UTTEJ KUMAR RAJU Date: 2026.08.25 16:02:24 +0530 2 Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 24/08/2026 1. The petitioner has filed the instant petition for following reliefs:- “10.1 The Hon'ble Court may kindly be pleased to quash/set-aside the impugned order dated 04/07/2026 passed by the Collector, District- Gaurela-Pendra-Marwahi, [ANNEXURE P/1]. 10.2 The Hon'ble Court may kindly be pleased to direct the respondent authorities to unseize the hospital of the petitioner with immediate effect along with all the equipment and medical machinery that has been attached/seized. 10.3 The Hon'ble Court may kindly be in alternative pleased to direct the Director, Directorate of Health Service to consider and decide the appeal of dated 23/07/2026 preferred by the Petitioner preferably within 1 week and it's been a long time since its pending. 10.4 The Hon'ble Court may kindly be pleased to grant any other relief which this Hon'ble Court deems fit and proper in favour of the petitioner as per the facts & circumstance of the present case, in the ends of justice.” 2. Learned counsel for the petitioner submits that, in an arbitrary and illegal manner, the Collector, District Gaurela-Pendra-Marwahi (C.G.), vide order dated 04.07.2026, has cancelled the petitioner's licence for running the hospital, without complying with the proviso to Rule 9(3) of the Chhattisgarh Upacharyagriha Tatha Rogopchar Sambandhi Sthapnaye Anugyapan Adhiniyam, 2010. It is further submitted that, being aggrieved by the said order, the petitioner has preferred an appeal under Rule 10 of the aforesaid Rules. The 3 petitioner has, therefore, approached this Court seeking appropriate directions and to bring on record the illegality committed by the respondent authorities in passing the impugned order. 3. Learned counsel for the State submits that an enquiry was conducted into the matter, pursuant to which a show-cause notice was issued to the petitioner. The petitioner submitted his reply to the said notice, which was duly considered, and thereafter, the order dated 04.07.2026 was passed cancelling the petitioner's license. It is further submitted that, in view of the serious allegations levelled against the petitioner, which were found to be substantiated during the course of the enquiry, consequential action was also taken by ordering the sealing of the hospital. Thus, the impugned order has been passed after following the requisite procedure and upon consideration of the material available on record. 4. Having heard learned counsel for the parties and upon perusal of the record, it appears that the petitioner has already preferred an appeal under Rule 10 of the Chhattisgarh Upcharyagriha Tatha Rogopchar Sambandhi Sthapnaye Anugyapan Adhiniyam, 2010, which is stated to be pending consideration before respondent No. 2, Director, Directorate of Health Services, Naya Raipur (C.G.). Since the petitioner has already availed the statutory remedy of appeal, this Court is not inclined to examine the merits of the case at this stage. Accordingly, respondent No. 2 is directed to consider 4 and decide the appeal preferred by the petitioner on 23.07.2026, in accordance with law, preferably within a period of 15 days from the date of receipt of a copy of this order. 5. While deciding the appeal, the concerned authority shall consider all the grounds raised by the petitioner and pass a reasoned and speaking order. The aforesaid exercise shall be undertaken expeditiously, keeping in view that the impugned order dated 04.07.2026 has resulted in cancellation of the petitioner's licence and sealing of the hospital. 6. With this observation and direction, the petition stands disposed of. Sd/- (Amitendra Kishore Prasad) Judge U.K. Raju