Disposed

Popular Nursing Home and Hospital v. State of Orissa

Orissa HC15 Nov 2019WP(C)/24042/2017

Case brief

AI extract

What is this about?

The Writ Petition was confined to the Petitioner being allowed to operate the Ultrasound Machine pending renewal of license. The Court directed the Petitioner to file an application before the Collector-cum-District Magistrate within two weeks and granted permission for three months subject to compliance with Acts.

What did the court decide?

Petitioner allowed to operate Ultrasound Machine for three months pending renewal; directed to apply before Collector-cum-District Magistrate within two weeks.

Popular Nursing Home and Hospital Vs State of Orissa — Service and Employment | Orissa HC (2019)

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W.P. (C) No.24042 of 2017

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06. 15.11.2019

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Heard learned counsels for the parties.

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Though the Writ Petition was filed with four different prayers including the prayer for a direction to Opposite Party No.5 for issuance of Fire-Safety Certificate and a direction to Opposite Party No.4 for renewal of the Registration of License of the Petitioner - Popular Nursing Home and Hospital, this Writ Petition is confined to only functioning of Ultrasound Machine for the time being, and the other prayers in the Writ Petition are not pressed for the time being, as submitted by the learned counsel for the Petitioner.

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Learned counsel for the Petitioner submits that the Petitioner had applied before the C.D.M.O., Cuttack on 29.12.2016 for Renewal of License for operation of the Ultrasound Machine of the Nursing Home & Hospital, vide Annexure – 8. It is further submitted that, in view of the provisions contained in Sub-Rule (6) of Rule 8 of the P.C. & P.N.D.T. Rules, 1996, after elapse of three months from the date of application the Petitioner should have deemed to have been issued with the order of Renewal of License.

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Such contention of the learned counsel for the Petitioner is oppugned by Mr. B.R. Behera, learned Addl. Standing Counsel, taking me through the Notification of the Govt. of Odisha in Health and Family Welfare Department bearing No.19077, dated 27.07.2007, wherein the appropriate authority in the district is notified to be the District Magistrate.

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It is submitted by Mr. B.R. Behera, learned Addl. Standing Counsel that the application before the C.D.M.O., Cuttack for Renewal

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of License for operation of the Ultrasound Machine is therefore not competent or proper.

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Be that as it may, regard being had to the provisions contained in the P.C. & P.N.D.T. Act and the Rules made thereunder and the office memorandum dated 27.07.2007 issued by the Govt. of Odisha in Health & Family Welfare Department, the petitioner is directed to file appropriate application before the appropriate District Authority, i.e. the Collector-cum-District Magistrate, Cuttack for Renewal of License for operation of the Ultrasound Machine within two weeks hence. On filing of the said application by the petitioner, the same be processed and order shall be passed by the Collector-cum-District Magistrate in accordance with the relevant Acts and Rules.

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Pending disposal of the application, the Petitioner being a Nursing Home & Hospital, is allowed to operate the Ultrasound Machine subject to the condition that the said machine shall not be operated / used contrary to the provisions contained in the P.C. & P.N.D.T. Acts and Rules made thereunder or for any other illegal purpose. The aforesaid order for operation of the Ultrasound Machine shall be effective for a period of three months from the date of filing of application by the petitioner before the Collector-cum-District Magistrate, Cuttack.

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The Writ Petition is accordingly disposed of.

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Urgent certified copy of this order be granted as per rules.

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Parida

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C.R. Dash, J.

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Popular Nursing Home and Hospital v. State of Orissa

Case brief

What is this about?

What did the court decide?

Popular Nursing Home and Hospital v. State of Orissa

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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