Disposed

M/s. Sri Raghavendra Maternity Home v. The State of Telangana

Telangana HC11 Jan 2023WP/1238/2023

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition filed by a maternity home. The petitioner sought a writ of mandamus directing the District Registering Authority to renew the institution's registration after non-action on an application filed in October 2022.

What did the court decide?

Direction to the 3rd respondent to consider the representation dated 28.10.2022 and pass appropriate orders within one week.

M/s. Sri Raghavendra Maternity Home Vs The State of Telangana — Telangana HC (2023) — LawSathi Research

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

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WEDNESDAY, THE ELEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY THREE

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PRESENT

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THE HONOURABLE SMT JUSTICE P.MADHAVI DEVI

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WRIT PETITION NO: 1238 OF 2023

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Between:

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M/s. Sri Raghavendra lVlaternity Home, Rep Dr. Kunde Ganga Surender, Wo. Surender, Aged about 68 years, Occ: Doctor F/o. 16-2-75211161A, plot no. C-51/A, SBH Colony, Shivaganga Theatre, Opp. Saidabad, Hyderabad

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...PETITIONER

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AND

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1 The State of Telangana, represented its Principal Secretary Medical and Health and Family Welfare, Secretariat Buildings, Hyderabad, Telangana State

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The Director, Medical and Family Welfare Department Sultan Bazar, Koti, Hyderabad

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The District Medical and Health Officer and Chairman District Registering Authority, Hyderabad District 4th floor, NTPC Building, Opp. Hari Farakaia Bhavan, Secunderabad

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...RESPONDENTS

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Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue any appropriate writ, order or direction, more particularly one in the nature of writ of Mandamus by declaring the inaction of the respondent no.3 in not passing appropriate orders for renewal certificate of registration of Raghavendra Maternity Home by the respondent no.3 on the representation dated: 18-10-2022 as being illegal, arbitrary, unreasonable, discriminatory, unjust and also violate of natural principles of^justice, consequently direct the respondent No.3 herein to grant renewal certificate of registration of Raghavendra Maternity by approving to the petitioner institution for the next 5 future years and further^period.

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lA NO: 1 OF 2023

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Petition under Section 151 CPC praying that in the circumstances staled in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondent No.3 herein to grant renewal certificate of registration of Raghavendra Maternity by approving to the petitioner institution for the next 5 future years and further period forthwith pending further consideration of the writ petition.

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Counsel for the Petitioner: SRI B. SIVA PRASAD

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Counsel for the Respondents: GP FOR MEDICAL, HEALTH & FAMILY WELFARE The Court made the following: ORDER

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THE HON'BLE SMT. JUSTICE P.MADHAVI DEVI

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WRIT PETITION No.1238 of 2023

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ORDER:

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This Writ Petition has been filed seeking a Writ of Mandamus, declaring the inaction of the respondent No.3 in passing appropriate orders for renewa-1 of registration of Raghavendra Maternity Home by the respondent No.3 inspite of the representation of the petitioner dated 18.10.2022 as illegal and arbitrary and consequently to issue renewal certificate and to pass such other orders.

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Learned counsel for the petitioner submitted that the petitioner has already been registered as a Maternity Home and the registration was valid upto 05.10.2022. He submitted that the petitioner has thereafter made an application for renewal of license with necessary documents along with an a-ffidavit and has submitted the same to the 3.d respondent on 18.10.2022. The grievance of the petitioner is that the respondent No.3 has not taken any decision on the application filed by the petitioner and has not renewed the license so far.

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The learned Government Pleader for Medical and Heaith points out that though it is stated that the representation was made by the petitioner for renewal of license on I8.1O.2022, there is no acknowledgment of receipt of the said application.^{Therefore,the}

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PMO,J W.P.No.1238 of 2023

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reason for not renewing the license could be because of nonsubmission of an application for renewal.

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I.earned counsel for the petitioner, however, reiterates that the application has been submitted, but no acknowledgement has been given by the respondents.

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In view of the above submissions and in view of the fact that the petitioner 15a Maternity Home which has already been granted registration earlier, this Court deems it fit and proper to direct the 3.a respondent to consider the representation of the petitioner dated 28.10.2022, if filed by the petitioner, and pass appropriate orders there on, within a period of one (01) week from the date of receipt of a copy of this order

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Accordingly, the Writ petition is disposed of. There shall be no order as to costs.

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Miscellaleous applications, if any pending, sha1l also stand

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clo sed. (Ni-A,V.S. PRASADPRASAD

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(Ni-A,V.S. PRASADPRASAD ASsiiinil^{r REGISTRAR;} /:^ //TRUE^COPYI/ ( -[) SECTION^OFFICER

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ro'r Tr.9^{princrpal^s^ecretaurY.fj,i."$,1!S3lthand Familvwelfare'State or}

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' Telangana' secretartar ":':" :.,.:^:;.- nenartment, surtan Bazar' Koti'

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The^{Director' Medical and FamilyWelfare Depal}

.- *!-lYderabao^'

The District lVledical and Health Officer and Chairman, District Registering Authority, Hyderabad District 4th floor, NTPC Building, Opp. Hari tlarakali Bhavan, Secunderabad.

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One CC to SRI B. SIVA PRASAD, Advocate IOPUC]

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Two CCs to GP FOR MEDICAL, HEALTH & FAMILY WELFARE, High Court for the State of Telangana at Hyderabad [OUT]

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Two CD Copies

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HIGH COURT

PMD, J

DATED: 1110112023

ORDER

W.P.No.1238 of 2023

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DISPOSING OF THE WRIT PETITION

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WITHOUT COSTS

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M/s. Sri Raghavendra Maternity Home v. The State of Telangana

Case brief

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M/s. Sri Raghavendra Maternity Home v. The State of Telangana

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