Ahasn Hospital Opp Bharat Petrol Pump Hero Agency vs State of U.P. and 2 Others — Allahabad HC (2026) — LawSathi Research

Ahasn Hospital Opp Bharat Petrol Pump Hero Agency vs State of U.P. and 2 Others — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Interim order: no interference with the sealing of the hospital as on date; petitioner permitted to file an affidavit on remedial steps taken against the defects in the State's letter to the S.H.O., Bahjoi, District Sambhal dated 25.10.2025; learned counsel for the State requested to seek instructions on the pharmacy running within the hospital premises; case to be listed fresh on 30.01.2026.

Issue for consideration

Whether the State complied with the procedure prescribed by Section 33 of the Clinical Establishment (Registration Regulation) Act, 2010, including affording the petitioner an opportunity to correct shortcomings before taking action against the hospital. +2 more

Court's answer

On a reading of Section 33, the Court recorded a prima facie view that the prescribed procedure was not followed and that the State's act of sealing was perhaps questionable; the final determination on this point was left open.

Ratio / Principle

As on date, the Court was not inclined to interfere with the sealing of the hospital, noting that a private hospital failing required standards can become a source of harm to innocent people.

Key takeaways

The Court gave the petitioner an opportunity to file an affidavit bringing on record the actions taken by the hospital to remove the defects pointed out in the State authority's letter dated 25.10.2025, with the exercise to be completed before the next hearing.ratio¶16

Detailed headnote1 paragraphs

Clinical Establishments — Sealing of hospital — Inspection without notice — Writ petition by a State-registered hospital sealed by the U.P. State after an inspection found patients admitted without any of the doctors named in the registration certificate being present, and an unregistered pharmacy operating on the premises. Counsel relied on Section 33 of the Clinical Establishment (Registration Regulation) Act, 2010 as prescribing the inspection procedure and requiring an opportunity to correct shortcomings before action, and submitted the hospital was sealed without any order of sealing. The Court prima facie found the Section 33 procedure not followed and the State's act questionable, but declined to interfere with the sealing at this stage in view of the public-safety dimension of hospital services; it allowed the petitioner to file an affidavit showing remedial action against the defects in the State's letter to the S.H.O., Bahjoi, Sambhal dated 25.10.2025, sought instructions from State counsel on the pharmacy, and listed the writ fresh for 30.01.2026.

HIGH COURT OF JUDICATURE AT ALLAHABAD

WRIT - C No. - 44982 of 2025

Ahasn Hospital Opp Bharat Petrol Pump Hero Agency

.....Petitioner(s)

Versus

State Of U.P. And 2 Others

.....Respondent(s) Counsel for Petitioner(s) : Sami Ullah Khan Counsel for Respondent(s) : C.S.C.

Court No. - 2

HON'BLE ATUL SREEDHARAN, J. HON'BLE SIDDHARTH NANDAN, J.

The present petition has been filed by the petitioner, who was aggrieved by the Act of the State in sealing of the hospital. He has been given a certificate of registration by the State but however, without informing the petitioner his hospital was inspected and certain shortcomings were noticed which are visible in the instructions filed by the State today, wherein at page-10, which is a copy of the intimation given to the S.H.O. Bahjoi, District Sambhal, wherein, it is disclosed to the police that there were patients who were admitted in the hospital but the doctors whose names have been figured in the registration certificate none of them were there. It is also disclosed to the police that there was a pharmacy which is operating within the premises, is not registered. However, learned counsel for the petitioner has pointed that section 33 of the Clinical Establishment (Registration Regulation) Act, 2010 provides the procedure by which such an inspection is to be carried out by the State and how an opportunity ought to have been given to the petitioner to correct a shortcomings before any action could have been taken.

Learned counsel for the petitioner also has submitted that there is no impugned order in this case, inasmuch as the hospital has been sealed without passing an order of sealing.

Be that as it may, this Court is cognizant after going through Section 33 that prima facie it appears that the procedure mentioned therein has not been followed and perhaps the act of the State is questionable. However,

WRIC No. 44982 of 2025

2

looking into the nature or service that is given by the petitioner and whereby strict adherence to the standards and conditions of functioning mentioned in the registration certificate has to be followed inasmuch a private hospital can officer succour to the people of a particular region and cure them, however, if standards which are required to be followed, are not followed the same institution can become a source of death to innocent people.

Under the circumstances, while as on date this Court is not inclined to interfere with the sealing of the hospital, the Court gives an opportunity to the petitioner to file an affidavit to bring on record what actions have been taken by the hospital to remove the defects pointed out in the letter given by the state authority to the S.H.O. Bahjoi, District Sambhal dated 25.10.2025. Learned counsel for the State is also requested to seek instructions with regard to the running pharmacy within the premises of the hospital registered. This exercise be done on or before the next date of hearing.

List this case on 30.01.2026, as fresh.

(Siddharth Nandan,J.) (Atul Sreedharan,J.)

January 22, 2026 S.Prakash

Digitally signed by :- SHASHI PRAKASH High Court of Judicature at Allahabad