Priya Nishad Vs State of Chhattisgarh

“10.1 That, the Hon'ble court may be pleased to issue a writ of mandamus commanding respondent no. 2 to 4 to initiate action against the respondent no. 5 accordance with the provision of the C.G. Clinical Establishment Act/ Nursing Home Rules 2013 on the basis of the complaint of the petitioner.

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Digitally
signed by
BINI
BINI PRADEEP
PRADEEP Date:
2026.02.24
11:02:10
+0530

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10.2 That, the Hon'ble court may be pleased to issue the writ of mandamus commanding Respondent no. 2 to 4 as to direct the respondent no. 5 to remove the oxygen plant and manifold from the basement of the hospital, further the respondent no. 5 may kindly be directed not to use the public road for the parking of ambulance, cars/ vehicles of patient/their relatives/hospital staff etc.

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10.3 Any other relief, which this Hon'ble Court thinks fit and proper in the favor of the petitioner may kindly be passed.”

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2. Learned counsel for the petitioner submits that the petitioner is a resident of Bhilai. Respondent No.5/Sparsh Multispeciality Hospital is situated at Ram Nagar, Bhilai. On many occasion, the petitioner visited the aforesaid hospital for treatment and on 20.01.2026, the petitioner went inside the hospital after parking her scooter in front of one shop, as there is no parking space available in the aforesaid hospital, rather an oxygen plant has been installed in the designated parking area of the hospital, and several oxygen cylinders have been kept there. Learned counsel further submits that if any accident occurs, then it would cause danger to life of the patients as well as the staff of the aforesaid hospital. He further submits that since the parking space has been occupied by the hospital management, the petitioner was compelled to park her scooter in front of one shop and when she returned from the hospital, she found that seat cover of her scooter was damaged. He also submits that due to non-availability of parking space in the hospital, such inconvenience is being faced by patients and their relatives. He further submits that representation dated 20.01.2026 (Annexure-P/3) has been made to Chief Medical and Health Officer, Durg by various persons and similar complaint has also been made to Collector, Durg and Commissioner, Municipal Corporation, Durg, but no action has been taken by them. Hence,

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it is prayed that, this petition may be disposed of at this stage, directing Chief Medical and Health Officer, Durg/respondent No.3 to take appropriate steps in respect of application dated 20.01.2026 (Annedure-P/3) filed by the petitioner and other aggrieved persons.

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3. Learned counsel for the State submits that the application dated 20.01.2026 (Annexure-P/3) filed by the petitioner and other aggrieved persons shall be considered and decided in accordance with law by the competent authority.

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4. Learned counsel for respondent No.4 also supports the submission made by learned counsel for the State.

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5. I have heard learned counsel for the parties and perused the material available on record.

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6. Having considered the contention raised by learned counsel for the petitioner and the documents annexed with the petition and also considering the limited grievance of the petitioner, without entering into the merits of the case, this petition is disposed of at this stage, directing respondent No.3/Chief Medical and Health Officer, Distt. Durg to take appropriate steps in accordance with law in respect of application dated 20.01.2026 (AnnexureP/3) filed by the petitioner expeditiously, preferably within a period of 45 days from the date of receipt of a copy of this order.

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9. With aforesaid observation and direction, this petition stands disposed of.

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10. Pending interlocutory application(s), if any, stands disposed of.

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Sd/-

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(Naresh Kumar Chandravanshi)

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Judge

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Bini

Priya Nishad v. State of Chhattisgarh

Case brief

What is this about?

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Priya Nishad v. State of Chhattisgarh

Case brief

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