Gompa Lakshmi Yogitha Vs the State of Andhra Pradesh

Gompa Lakshmi Yogitha, W/o. Parameswara Rao, Hindu, Aged 51 years. Housewife, D.No.03-90/4/8 LIC Colony, Behind^{SriNookalamma} Temple, Pendurthi, Visakhapatnam District.

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Gompa Parameswara Rao,, S/o. Ammathalli, Hindu, Aged^57years. Doctor, D.No.03-90/4/8 LIC Colony, Behind Sri Nookalamma^Temple, Pendurthi, Visakhapatnam District.

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...Petitioners

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AND

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The State of Andhra Pradesh, Rep by its PrI.Secretary^Medicaland Health Department, Secretariat, Velagapudi, Visakhapatnam

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The District Collector, Visakhapatnam, Visakhapatnam^District 3. The District Medical and Health Officer, Visakhapatnam,Visakhapa^tnam District.

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The SHO, Pendurthi P.S., Pendurthi, Visakhapatnam District.

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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 Writ, order or direction more particularly^{oneinthenatureof} Writ of Mandamus, declaring the proceedings issued by^the3rd respondent

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Vide Rc.No.922/DMHOA/SP/2023 Dt. 14-06-2024, in refusing^torevokethe seizure of the building by name Tirumala Hospital in G-plus 3 floors, belonging to the Petitioners situated at R.S. No.44/8 of Pendurthi village and . Mandal, Visakhapatnam District, as illegal, arbitrary, in violation of Section (8) of A.P. Allopathic Private Medical Care Establishments (Registration and Regulation) Act, 2002 and Article 21 and 300-A of the Constitution of India and consequently direct the respondents 3 and 4 to remove the seals of G-h3 floors situated at R.S. No.44/8 of Pendurthi village and Mandal, Visakhapatnam District.

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lA NO: 1 OF 2025

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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 respondents 3 and 4 to handover the custody of the building i.e. G+3 floors situated at R.S. No.44/8 of Pendurthi village & Mandal, Visakhapatnam District, to the Petitioners pending the disposal of the above Writ Petition pending disposal of the above writ petition. Counsel for the Petitioners: SRI SIVA RAMA KRISHNA KOLLURU Counsel for the Respondent Nos. 1 to 3: GP FOR MEDICAL HEALTH FW

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Counsel for the Respondent No. 4: GP FOR HOME

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The Court made the following order:

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APHC010146082025

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[3458]

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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(Special Original Jurisdiction)

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MONDAY,THE EIGHTEENTH DAY OF AUGUST

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TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA

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WRIT PETITION NO: 7621/2025

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Between:

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1.GOMPA LAKSHMI YOGITHA, W/O.PARAMESWARA RAO, HINDU, AGED 51 YEARS, HOUSEWIFE, D.NO.03-90/4/8 LIE COLONY, BEHIND SRI NOOKALAMMA TEMPLE, PENDURTHI, VISAKHAPATNAM DISTRICT.

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2.GOMPA PARAMESWARA RAO,, S/0. AMMATHALLI, HINDU, AGED⁵⁷ YEARS. DOCTOR, D.NO.03-90/4/8 LIE COLONY, BEHIND SRI NOOKALAMMA TEMPLE, PENDURTHI, VISAKHAPATNAM DISTRICT.

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...PETITIONER(S)

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AND

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1.THE STATE OF ANDHRA PRADESH, , REP BY ITS PRI.SECRETARY MEDICAL AND HEALTH DEPARTMENT, SECRETARIAT, VELAGAPUDI, VISAKHAPATNAM

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2.THE DISTRICT COLLECTOR, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT

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3.THE DISTRICT MEDICAL AND HEALTH OFFICER, VISAKHAPATNAM,VISAKHAPATNAM DISTRICT.

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4.THE SHO, PENDURTHI P.S., PENDURTHI, VISAKHAPATNAM DISTRICT.

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...RESPONDENT(S):

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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 tomay be pleased to issue Writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the proceedings issued by the 3rd respondent Vide Rc.No.922/DMHOA/SP/2023 Dt. 14-06-2024, in refusing to revoke the seizure of the building by name Tirumala Hospital in

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G-plus 3 floors, belonging to the Petitioners situated at R.S. No.44/8 of Pendurthi village and Mandal, Visakhapatnam District,^{asillegal,arbitrary,in} violation of Section (8) of A.P Allopathic Private^{MedicalCareEstablishments} (Registration and Regulation) Act, 2002 and Article²¹ and 300-A of the Constitution of India and consequently direct the respondents 3 and 4 to remove the seals of G-h3 floors situated at R.S. No.44/8 of Pendurthi village and Mandal, Visakhapatnam District, and to pass such

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lA NO: 1 OF 2025

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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 may be pleased to direct the respondents 3 and 4 to^{handoverthecustodyof} the building i.e. G+3 floors situated at R.S. No.44/8^{ofPendurthivillage&} Mandal, Visakhapatnam District, to the Petitioners pending the disposal of the above Writ Petition pending disposal of the above writ^{petitionandtopass} such

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Counsel for the Petitioner(S):

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1 .SIVA RAMA KRISHNA KOLLURU

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Counsel for the Respondent(S):

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1.GP FOR MEDICAL HEALTH FW

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The Court made the following:

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ORDER:-

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Heard Sri Siva Rama Krishna Kolluru, learned counsel for the petitioners and learned Government Pleader for Medical^{HealthandFamily} Welfare.

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The grievance of the petitioners is against the proceedings^ofthe 3"'' respondent refusing to revoke the order of seizure^{ofthesubjectbuilding} belonging to the petitioner consisting of G+3 floors^{inR.S.No.44/8ofPendurti} Village & Mandal, Visakhapatnam District.

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It is contended by the petitioners that they have constructed^the subject building for letting out to run a hospital,^{afterobtainingpermissionfrom}

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the Municipal Authorities. The respondents are alleging that the^{2"'^} petitioner let out the operating theatre for conducting surgeries for the Transplantation of Kidneys. Thus, a crime was registered against the 2"^ petitioner as accused No.4 and other accused persons. Apart from registering^{thecriminalcase,the} subject premises of the G+3 floors were seized by the 3'*^ respondent vide proceedings 27.04.2023, along with the equipment under^{Section8ofAndhra} Pradesh Allopathic Private Medical Care and Establishments (Registration and Regulations) Act, 2002 (for short “the Act”). Challenging^thesame,the petitioner filed a writ petition in W.P.No.30550 of 2023. The said writ petition was disposed of vide order dated 04.04.2024 directing the respondents to pass appropriate orders on the representation made by the petitioner for release of the seized hospital. In pursuance thereof, the impugned proceedings have been passed refusing to revoke the order of seizure. Assailing the same, the instant writ petition is filed.

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The respondents filed a counter-affidavit stating that^the entire building has not been seized. The petitioners are residing in the same building, and a part of the building is under their possession and enjoyment. Without obtaining any permission or registration under the provisions of the Act, the petitioners are allowing the hospital to operate, which violates the provisions of the Act.

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The learned Government Pleader for Medical and Health argues that 2"'* respondent, being a doctor, should not have put the premises to illegal use for conducting surgeries, without statutory permissions. It is further stated

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that the petitioners have blatantly violated the mandatory^{statutoryprovisions} under the Act, as well as the Transplantation of Human^{OrgansAct,1994} (42 of 1994), by operating a medical establishment^{withoutvalidregistration.} It is further stated that the 2^^ petitioner, being a^{doctorbyprofession,} is presumed to be well aware of the legal requirements;^{yet,hehaschosento} run an unregistered hospital, which is patently illegal^{andinvolvesunethical} practices.

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Considered the rival submissions.

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Considered the rival submissions. 7. For adjudication of the case, it is relevant to refer^{theprovisions}

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of Act.

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Section 2 (k) of the Act defines “Private Medial Care

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Establishment” which reads as follows:

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'(k) ‘Private Medical Care Establishment" means a clinic, a consultation room, a hospital, a medical laboratory, a diagnostic Centre, a maternity home, a nursing home, an infertility^orfertility clinic, a physiotherapy establishment, a polyclinic^{andanyotherlike} establishment providing in-patient or day care procedures,^including surgery facilities by whatever name called, and administered or maintained by a person or body of persons whether incorporated^or not, other than the Central or the State Government^oranylocal authority or any other authority or body constituted^byorunderany Statute of a competent Legislature."

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Section 3 of the Act provides for Registration of a^{PrivateMedicalCare}

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Establishment, which reads as follows:

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Sec. 3:-. Registration Of Private Medical Care Establishment^-On and from the date of commencement of this Act, no person shall

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establish, keep or carry on any private medical care^{establishment} unless it has been registered in accordance with the provisions of this Act;

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Provided that an application for registration shall^bemadeto the Authority within three months from such commencement in respect of any Private Medical Care establishment in existence immediately before such commencement. Explanation: For the purpose of this section, 'person'^includes a body, group of association of individuals, an organization of individuals, an organization, a firm or Company or^{SocietyorTrust} whether registered or not. ”

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And Section 4 of the Act deals with Constitution of Registering Authority. The provisions of Sections 6 and 7 of the^Act provides for Application for Registration and Certification of Registration.

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Section 8 of the Act deals with Inspection or Enquiry, which

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reads as follows:

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“8. Inspection or Enquiry- (1) The Authority may cause^an inspection or enquiry in respect of any private medical care establishment, its buildings, laboratories and equipment^andalsothe work conducted or done by such establishment, to be made by any team of atleast two officers, one of whom will be a^{MedicalOfficer,} duly authorized by the Authority in this behalf (2) Any such team, upon receipt of a complaint or informiation in any form with due authorization by the Authority^{inthisbehalfmay} enter any private medical care establishment at any^time with or without giving notice, examine and inspect any equipment, articles or documents and seize and take out there from and retain^thesameas long as may be necessary for the purposes of examination,^analysis, investigation or evidence.

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(3) The Authority shall communicate to the private^medical care establishments its view with reference to the results of such

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inspection or inquiry and direct the establishment^{toundertakesuch} steps within such period as it may deem necessary and the said establishment shall comply with the said directions:

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Provided that no such directions shall be given without providing the said establishment an opportunity of making a representation." Section 9 of the Act provides for cancellation or suspension of Registration. The authority if satisfied that Private Medical Care Establishment has violated the terms and conditions^of the^Act. Section 11 of the Act contemplates penalties for offences committed^undertheAct.

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Under Section 8 of the Act, the authority may call for an inspection or cause an enquiry in respect of any medical^{careestablishment,} buildings and laboratories and also the work conducted by and at such an establishment. In such an enquiry, if it is found that^the activities of the medical care establishment are not in accordance with the provisions of the Act, it can seize and take out there from and retain the same as long as the same is necessary for examination, investigation, etc.

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In terms of the Section 9 of the Act, if the authority^findsthatthe person has violated the conditions of the registration it may order for cancellation or suspension of the registration for the period as may be specified it. 10. Having regard to the provisions of the Act, the authority^underthe Act can enter, inspect and investigate into the affairs^{ofthePrivateMedical} Care Establishment, and on such inspection, if any^{violationsarefound,the}

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authority can only seize the articles used for the advancement of the Private Medical Care Establishment. The provisions do not provide^{forseizureofthe} building where medical care establishment is established. Chapter 3 of the Act deals with penalties and prosecutions. The only seizure contemplated under the Act is the seizure of articles used in the business of a Private Medical Care Establishment and not the immovable property^ofthePrivate Medical Care Establishment. In the instant case, the property does not belong to the Private Medical Care Establishment. The petitioner claims that they did not conduct the alleged surgeries meant for kidney transplantation. The fact remains that the police complaint has already been lodged against the 2^^ petitioner herein as accused No.4 under another accused involved in the case. Having regard to the same, the authorities should not have sealed/seized the subject premises for the alleged violations, the said seizure from the above appears that the same is not sustainable. Accordingly, the respondents are directed to revoke the order of seizure and remove the seals of the subject premises and allow the petitioners to use and occupy the same. The petitioners are further directed not to use the subject premises for establishment of any medical care unit without obtaining any prior permission, in terms of the provisions of the Act, nor can they let out the same for establishment of Private Medical Care Establishment to any individual/any entity who does not possess valid registration under the provisions of Section 3 of the Act.

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