Petitioner sought quashing of an order directing action against their hospital due to alleged procedural lapses. Court observed that respondents issued a corrigendum redressing the grievance, rendering the writ petition infructuous and dismissing it.
Writ petition dismissed as having become infructuous.
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Neutral Citation No. - 2023:AHC:180602-DB
Court No. - 40
Case :- WRIT - C No. - 27970 of 2023
Petitioner :- Medwin Hospitaal And Research Centre And Another Respondent :- State Of U.P. And And 5 Others Counsel for Petitioner :- Anand Kumar Singh Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J.
"1. Heard Sri Anand Kumar Singh, learned counsel for the petitioner and Sri R.M. Upadhyay, learned Additional Chief Standing Counsel for the State respondents.
2. The coordinate Bench had heard the matter on 21.08.2023 and proceeded to pass following order:-
"1. Submission is, extreme punitive action of cancellation of licence is proposed to be taken on the strength of the expert report.
2. Perusal of the impugned communication (though internal) indicates no show cause notice, is proposed to be issued.
3. To ascertain the correct facts, learned Standing Counsel prays for and is granted five days' time to obtain instructions.
4. Put up, as fresh, on 29.08.2023."
3. In response to the aforesaid order dated 21.08.2023, learned Addl. Chief Standing Counsel has placed the instruction dated 28.08.2023 sent by the Chief Medical Officer, Varanasi, which is taken on record.
4. We have occasion to peruse the instruction and nowhere we find that any opportunity has
been accorded to the petitioner.
5. Prima facie, we are of the opinion that the proposed order is hit by principle of natural justice.
6. Before proceeding further in the matter, on the request of learned Additional Chief Standing Counsel, the matter is passed over to enable him to seek better instructions in the matter
7. Put up this matter again as fresh on 05.09.2023."
Order Date :- 19.9.2023 Manish Himwan
Digitally signed by :- MANISH HIMWAN High Court of Judicature at Allahabad
3 issues framed by the court
Whether the writ petition survives after grievance is redressed by corrigendum issued by respondents before final disposal.
Whether proposed cancellation of hospital license violates principles of natural justice due to lack of show cause notice.
Whether petitioner is entitled to relief impeding peaceful functioning of hospital after interlocutory orders.
Medwin Hospitaal And Research Centre
State Of U.P.
Mahesh Chandra Tripathi
Prashant Kumar
Manish Himwan
As recorded by the court registry
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