Allowed

M/s. Mythri Ct Scan and Diagnostics, v. The State of Andhra Pradesh

Andhra Pradesh HC19 Feb 2024WP/11326/2023

Case brief

AI extract

What is this about?

The High Court allowed a writ petition challenging the suspension of a CT Scan center's registration and subsequent equipment seizure. The court held that licensing requires lawful possession, not necessarily a registered deed, and barred the landlord from opposing the license while tenant rent arrears are being paid.

What did the court decide?

Writ petition allowed; impugned proceedings set aside; equipment to be unsealed within four weeks subject to compliance with rent payment orders.

M/s. Mythri Ct Scan and Diagnostics, Vs The… — Service and Employment | Andhra Pradesh HC (2024)

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction)

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TUESDAY, THE TWENTIETH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

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WRIT PETITION NO: 11326 OF 2023

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Between:

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M/s. Mythri CT Scan and Diagnostics, Rep. by its Managing Partner Dr.Kopparthi Krishna Srinivas, Occ.Medical Practitioner, Aged about 50 Years, D.No.5-6-6 (Revised .5-6-8), Court street, Narasapuram, West Godavari District, A.P.

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...Petitioner

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AND

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The State of Andhra Pradesh, Rep. by its Principal Secretary, Health Medical and Family Welfare Department, Secretariat Buildings, Velagapudi at Amaravati, Guntur District, A.P.

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The Chairman DLMMAA/ District Collector, Bhimavaram, West Godavari District, A.P.

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The District Medical and Health officer. West Godavari District, Bhimavaram, West Godavari District, A.P.

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The Deputy District Medical and Health officer and Member Secretary, SDLMMAA Narasapuram Division, West Godavari District,^A.P.

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Jatanraj Jain, S/o.Santhilal Jain, Aged about 59 years. Business, D.No.5-6-8, Court street, Narasapuram, West Godavari District,^A.P.

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...Respondents

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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 directions more particularly one in the nature of Writ of Mandamus declaring the action the 3rd Respondent in passing impugned order dt.12.04.2023 in pursuance of approval dt.24.01.2023 given by the 2nd Respondent, suspending certificate of Registrationof M/s. Mythri CT Scan and Diagnostics, Narasapuram and pursuant there to seizure of the equipment Viz. (1) Ultra sound machine(SIEMENS ACUSON X 300 PE, Model (2) CT Scan Mchine GE 2013HI SPEED NXI DUAL SLICE (CT SCAN) On.13.04.2023 by the 4th Respondent as illegal, arbitrary, biased, unconstitutional and against the principles of natural justice and consequently, direct the Respondent Authorities to strictly adhere to the procedure^{underPCandPNDT}

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ACT 199484 Rules 1996 in proper perspective while touching upon the activities of Petitioner Firm.

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lA NO: 1 OF 2024

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Petition under Section 151 CPC praying that in the^{circumstancesstated} in the affidavit filed in support of the petition, the High Court may be pleased to receive the additional material papers filed by the Petitioner Respondent No. 5 on the file of the above writ petition.

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lA NO: 1 OF 2023

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Petition under Section 151 CPC praying that in the^{circumstancesstated} in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondent Authorities to duly unseal the equipment of Petitioner Firm/M/s.Mythri CT Scan and Diagnostics Viz. 1) Ultra sound machine(SIEMENS ACUSON X 300 PE, Model (2) CT Scan Machine GE 2013-^{HISPEEDNXIDUAL} SLICE (CT SCAN)as lying and referred to under a list of seizure dt.13.04.2023got prepared by 4**’ Respondent during seizure at D.No.5-6-6 (Revised.5-6-8) of Narasapuram, West Godavari District, A.P., pending disposal of the above writ petition.

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lA NO: 2 OF 2023

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Petition under Section 151 CPC praying that in the^{circumstancesstated} in the affidavit filed in support of the petition, the High Court may be pleased to receive the additional counter affidavit and additional material papers filed by the Petitioner/Respondent no.5 on to the file of above writ petition.

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Counsel for the Petitioner: SRI D VV S S N H BHUJANGA RAO

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Counsel for the Respondents: GP FOR MED HEALTH AND^{FAMILYWELFARE}

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Counsel for the Respondents: SRI KOTHA NAGA SURYA RAO

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The Court made the following order:

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THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

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WRIT PETITION No. 11326 OF 2023

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ORDER: -

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The present Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief:

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to issue an appropriate Writ, order or directions

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more particularly one in the nature of a “Writ of Mandamus” declaring the action of the Respondent No.3 in passing impugned order dated 12.04.2023 in pursuance of approval dated 12.04.2023 given by the Respondent No.2, suspending certificate of Registration of M/s. Mythri CT Scan and Diagnostics, Narasapuram and pursuant there to seizure of the equipment Viz.,⁽¹⁾ Ultra sound machine(SEIMENS ACUSON X 300 PE, Model (2) CT Scan machine GE 2013-HI SPEED NXL DUAL SLICE (CT SCAN). On 13.04.2023 by the Respondent No. 4 as illegal, arbitrary, biased, unconstitutional and against the principles of natural justice and consequently, direct the Respondent authorities to strictly adhere to the procedure under^PC & PNDT ACT, 1994 & Rules 1996 in proper perspective while touching upon the activities of petitioner firm^and pass such other order or orders ...”

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The petitioner herein is a partnership firm which is^operatinga CT Scan and Diagnostics service from a rented premises^{inD.No.5-6-6of} Narasapuram, West Godavari District after obtaining all necessary permissions under Section Pre-Conception Sr, Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994^{(forshort‘theAct’).}

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NVJ W.P.No ! 1326 of2023

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The petitioner contends that they are certain disputes with the land lord, O.S.No.133 of 2020 has been filed on the file of the Principal Junior Civil Judge’s Court, Narasapuram by the land lord / unofficial Respondent for the purpose of evicting the petitioner from the premises.^{Whilethesuitis} pending, the petitioner had approached the Respondent^{No.3forrenewal} of the license under the Act, as the same had expired^{on21.05.2020.} This application which was received on 26.05.2020 was pending before the Respondent No.3 for more than 90 days. In view of Rule 6(5) of the Pre-Conception 86 Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Rules, 1996 read with Rule 8(6) of Pre-Conception^86Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Rules, 1996. It is clear that permission is deemed to have been given if the application is kept pending for more than 90 days. On that basis, the petitioner continued to offer the CT Scan service. At this stage, the Respondent No.3 by a letter dated 06.10.2020 informed that the petitioner that the renewal of license application would be rejected as a lease deed relating to the premises was not submitted and the application^was returned. Thereafter, the petitioner was advised to apply online. The petitioner even though being aggrieved by the refusal of renewal application on the ground that renewal was already deemed to have been granted but again filed for renewal application on 09.02.2021. At this stage. Respondent No.3 passed the impugned order dated 12.04.2023 seeking^toseizethe CT Scan and other equipment of the petitioner firm available in the premises in pursuance to the proceedings dated 24.01.2023 given by the

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NV.J W.P.No.l 1326 of2023

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Respondent No.2, suspending certificate of Registration of the petitioner. Hence the writ petition.

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On the aforesaid facts, the learned counsel for the petitioner submits that there is a deemed renewal of the license, and as such. there could not have been any subsequent rejection of the renewal. Apart from this, the petitioner would also submit that the Respondent No.3 cannot insist upon a registered lease deed in^{viewofthefactthat} the lease against the premises is subject matter of a civil suit. Moreover, in the absence of any provision. Rule or any executive^instructions to that effect, they cannot insist for lease deed for granting renewal.

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Learned Government Pleader for Medical, Health and Family Welfare submits that as per the Form-A application i.e. a Form / Application for Registration or Renewal of Registration of a Genetic Counseling Centre Genetic Laboratory / Genetic Clinic / Ultrasound Clinic / imaging Centre, the petitioner made an application^forrenewal of the license under which the clause (2) mandated^{foraddressofthe} applicant and the clause (4) mandated for full name and address/address of Genetic, where the proposed laboratories to be established and also the clause (13) indicates that^{thelistofenclosures} to be submitted for such renewal application. In the case in hand, the petitioner did not submit any documents to prove his valid possession of the subject premises for granting license as required under Clause (13) of the Form-A. He further submits that the clause (4) of the^Form-A indicates that the possession of the property by the petitioner should be

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NVJ 4 IV.P.No.l 1326 0/2023

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by holding of valid document. Mere noting of address^{cannotbeallowed} to grant a license by the Respondents. 5. Learned Government Pleader for Medical, Health and Family Welfare further submits that since the impugned order passed by the Respondent No.3 / the District Medical Ss Health Officer,^WestGodavari District under Section 20 of the Act, has an alternative remedy of statutory appeal lies under Section 21 of the Act before the Respondent No.l herein. Admittedly, without availing the statutory alternative remedy the petitioner invoked extraordinary jurisdiction^which is not maintainable. He further submits that in the absence of proof of lawful possession in respect of the subject premises and also in view of the query of the land lord that no lease or permission can be granted in favour of the petitioner in respect of the said premises seeking for establishment of subject laboratory. Therefore, in view of the objections of the land lord and in the absence of any proof of valid possession or any other mode of deed produced by the petitioner, the petitioner is not entitled for renewal of license. As such, the order passed by the Respondent No.3, dated 12.04.2023 does not warrants any interference of this Court. 6. Learned counsel appearing on behalf of the unofficial Respondent submits that the petitioner is in unlawful possession of the subject property for which he initiated Civil Suit for eviction vide O.S.No.212 of 2020 on the file of I Additional Junior Civil Judge, Narasapur. The unofficial Respondent filed an application^{forevictionof}

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NVJ W.P.No.l 1326 of2023

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the petitioner and same is pending for consideration and also filed another application for payment of arrears of rent^{andsamewasordered} in favour of the unofficial Respondent and the petitioner^isdirected to pay the arrears of rent an amount of Rs. 15,00,000/- along with interest at the rate of 9%, against which the petitioner herein preferred the Civil Revision petition(C.R.P.No.2465 of 2023), wherein this Court was pleased to pass final orders dated 05.01.2024, directing the petitioner to deposit arrears amount within a period of two months^{fromthedateof} receipt of copy of the orders of this Court. He further^{submitsthatsince} the petitioner is in unlawful possession he is not entitled for any renewal against the subject premises. As such, the relief prayed by the petitioner cannot be granted and liable to be rejected.

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Heard the learned counsel for the petitioner, learned Government Pleader for Medical, Health and Family Welfare^andlearned counsel for the unofficial Respondent and also perused the material placed on record.

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On perusal of the application of Form-A under which the petitioner sought for renewal of license for establishment of subject laboratory. There is no specific clause indicating / expressing the requirement of submission of the documents under which the petitioner claiming rights against the subject premises.

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On the other hand, the clauses of the Form-A indicate^thatthe proposed license shall provide adequate space and possession for granting license in his favour. It is not in dispute that the petitioner was

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NVJ . ' 6 W.P.No.U326of2023

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granted license in respect of the subject laboratory at subject property by the Respondents in the earlier occasion. The present application is only for renewal of the earlier license which was granted against the same premises.

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On perusal of the record and as contended by the learned Government Pleader for Medical, Health and Family Welfare^andlearned counsel for the unofficial Respondent that there are civil proceedings pending between the petitioner and the unofficial Respondent seeking relief for eviction of petitioner from subject premises. It is also observed that the Court below allowed the l.A. in favour of the Respondents in respect of non-payment of rental amount / lease amount^{infavourofthe} unofficial Respondent herein .

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It is also observed that this Court in C.R.P.No.2465 of 2023, directed the Revision petitioner therein to pay all the due amount towards rental to the unofficial respondent herein within a period of two months and it is further observed that after such payment^and after continuing the payment of monthly rental amount, the unofficial respondents cannot hinder or interfere with the possession of the petitioner in subject property. Therefore, the unofficial respondent is not entitled to canvass both the claims i.e. one way for^{thearrearsofamount} as well as for the monthly rent and on the other way he can’t agitate before the authorities not to grant any license in favour of the petitioner and not to allow the petitioner to do the business, which is contrary to the claim of him. Since this Court specifically directed^{inC.R.P.No.2465}

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NVJ IV.P.No.l 1326 of2023

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of 2023, that not to cause any hindrance by the unofficial Respondent as long as the petitioner paying rental amounts as directed, till the disposal application by the Court below also binding upon the unofficial Respondent. Therefore, he is not entitled for agitation of his rights before authorities concerned that the petitioner cannot be granted any license having suffered an order vide C.R.P.No.2465 of 2023. 12. On perusal of the impugned order passed by the Respondent No.3, dated 12.04.2023 is nothing but just reiterating^{oftheearlierorder} on the same ground for which the claim of the petitioner was rejected. Even though this Court specifically observed that the possession of the petitioner over the premises for which the license is sought for is also not in dispute but again the Respondent authority suspended the registration of the petitioner on the same ground that the petitioner is not having valid possession / documents in his favour is arbitrary and contrary to the law. Therefore, the order of suspension of registration of the license of the petitioner is not assigned any other reasons except stating that no valid possession. It is further observed^{thatinviewofthe} orders passed by this Court in C.R.P.No.2465 of 2023 subject to compliance of the order by the petitioner, the Respondents are restrained from interfering with the business of the petitioner and possession of the property. As such, in view of the orders of this Court, the petitioner is entitled for renewal of licence agaist the said premises subject to compliance of the orders passed by this Court in C.R.P.No.2465 of 2023.

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NVJ W.P.No.11326 of2023

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In view of the reasons stated above, the petitioner^{isentitledfor} continuation of his registration till finalization of the proceedings before the Court below. Therefore, the impugned proceedings issued by Respondent No.3 vide Ref.No.55/PCPNDT/Demo/2022, dated 12.04.2023 is hereby set-aside.

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Accordingly, the writ petition is allowed, directing the Respondent No.3 to unseal the seized equipment of the petitioner’s firm within a period of four weeks from the date of receipt of a copy of this order subject to compliance of the orders passed in^{C.R.P.No.2465} of 2023, dated 05.01.2024 by the petitioner. There shall^{benoorderasto} costs.

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Consequently, Miscellaneous Petitions, if any, pendingⁱⁿ the

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writ petition shall also stand closed.

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Sd/- A. VIJAYA BABU ASSISTANT REGISTRAR

//TRUE COPY//

(SECTION OFFICER

To,

The Principal Secretary, Health Medical and Family Welfare Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi at Amaravati, Guntur District, A.P.

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