A hospital seized on allegations of sex determination and illegal abortions challenged the show cause notice for lack of hearing. After interim unsealing and a fresh notice, the court found serious irregularities and multiple pending cases and dismissed the writ petition.
None; writ petition dismissed, no costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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HIGH COURT FORTHE STATE OF TELANGANA AT HYDERABAD (SPecial Original Jurisdiction)
WEDNESDAY,THE FIFTH DAY OF MARCH TWO THOUSANDAND TWENTY FIVE
PRESENT
THE HONOURABLESRI JUSTICENAGESHBHEEMAPAKA
WRIT PETITION NO:18466 0F 2024
Between:
SamanvithaHospital, rep' by its ManagingDirector Dr' Smt' Vittam ilh;;itii;, w/t'D; vitt",' Praveen Kurn'a1 ased.about 36 vears' 6i". fr1ijOiiufFractitioner, i.Na.5-7-27O,Sriram Nagar Colony, Kamaredcly'
...PETITIONER
AND
...RESPONDENTS
Petition underArticle 226 oI lhe Constitution of lndiapraying that in the circumstancesstatedintheaffidavitfiledtherewith,theHighCourtmaybe pleased to issue anappropriateWrit, Order oi Direction' more particularlyone in thenatureofWritofMandamus,todeclaretheactionoftherespondentNo.2 herein inissuing the impugned Show Cause Notice dt'8-7-2o24bearing Rc.No.Spl.3/Pc&PNDT/DM&Ho2024andseizingthehospitalonthesameday without affordingreasonable opportunityof being heard' as beingillegal' arbitrary' unjust andunconstitutionaland againstto the principlesof natural justiceand consequentlyset aside the same, by directingthe 2nd respondent to conduct enquiry byaffording reasonable opportunityof being hard.
I I i I I
i I
Y
lA NO: 1 oF 2024
Petition under ri erction 151 cpc praying that in the circumst€rnces stated in the affidavit firdd in surrport of the petition, the High court may be prr:ased to direct the Respondent No.12 herein to forthwith remove the sear put to the petitioner,s hospital by permitting rhe petitioner to run the hospitar and commence treatment by suspending the inrcugned show cause Notice dt. g-7-2024 bearing Rc.No. spl'3/PC&PNDT/DM&r-ro 2024, pending disposar of the main writ p.tition.
lA NO: 1 oF 2025
Between:
AND
...PETITIONERS/RESPONDENTS
Samanvitha Hos;:ital. rep. by its Managing Director Dr. Smt. Vittam Sucharitha. Wo: Di. Vittam'_p;ve;."lir.X"r,"'"ged about 36 vears. occ. Medicarpra,:titioner, u.r.ro.s_z_zz-o:'b,il."*iii'iiigficoroiilil#iudivl'.,
...RESPONDE NT/I'ETITIONER
Petition under Ser;tion 151 cpc praying that in the circumstan()es stated in the affidavit fired in sup port of the petition, the High court may ber preased to vacate the interim order. granted in l.A.No 112024 in Wp.No.1B460 t2024, dt: 1210712024 dismiss the vrrit petition.
Counsel for the petitioner: SRt D SATANARAYANA
Counsel for the Responrtents : Gp FOR MEDICAL HEALTH FW
The Court made the follc,wing: ORDER
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HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA
UIRIT PETITION No. L8466 OF 2024
ORDER:
etitioner, a 20-bedded hospital, having valid certilicate of registration up to 18.05.2027, was issued notice dated 08.O7.2024 by the 2"d respondent - District Medical and Health Officer purportedly on instructions of the 3.d respondent -District Collector, Kamareddy based on a news item. The said notice alleged that hospital indulged in iilegal activities like child trafficking, sex de[ermination, conducting MTPs/Abortions without any MTP Permission certihcate and collecting money as irregular mode for abortrons and scanning, in violation of the provisions of the Pre Conception & Pre-Natal Diagnostic Techniques (Prohibition of Scx Selection) Act, 1994 (for short, 'the Act) and Rules and DRA Clinical Establishment Act , 2010 thereby instructrng to close the hospital from that date itself.
The grievance of petitioner is that without giving opportunity of submitting cxplanation, the 2"d respondent resorted to seize the hospital.
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Sri D. Satyari lrayana submits that hospital was cstablished in 2000-0 1 ancl a t no point of time, there werc complair rts from public, but s,.rockingly, the District Child protection Officer lodged a corc rlaint registered as FIR No. 402 ol 202r., dated 12.04.2021 fc,' the offences under Sections 312, 3 lS, 317, 42O read with Ser:[ion 34 IPC., under Sections 80, 81, g7 ol JJ Act, 2015 and Se(rti,rns 22,23 and 24 of the 1994 Act. Acco-ding to le arned counsr:], based on news item, the 2,rd responcle nr. issued show causc rrotice but without stipulating time Lo submit explanation, s; unply seized the hospital which rs nolh ng but violation of plrr]ciples of natural justice. It is submitted that had the opportlrnitl been given, petitioncr ivould have r:xplained suitably. Seizure affected by respondents n oulcl tarn ish the image of hospital, hence, learned counsel seeks a clirection to the 2.a respor,lent to conduct enquiry. b-v affording reas;onable opportunitlz o| being heard.
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permit Petitionerto run the hospital' However,it was made ciearthatthisordershoutdnotprecludethe2"drespondent from issuingfresh show cause notice and pass ordersin accordancewith law'
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comlng to-rospital and scanning is being conch-rcted by unqualifiecl llorson Sri Vittam Nadipi Siddiramulu.
Ll:arned Government pleader submits that
previously, th is hospital was maintained in the namc of Kousalya Hc,r;:ital by Vittam Nadipi Siddiramulu and on documents o1' registration, doctor name was mentionetl as Dr. Vittam Kirarr Kumar, MBBS. Since they conducted a lortions without an.y . uthorised qualifrcation, the State tcam of pC & PNDT Act conducted sting operation and apprehcn,led Sri Vittam Nadipi Siddiramulu and Crime No. 320 ot 2O2l was booked bv l{arnareddy police and hospital was seizcd. The said case is pencling in principal Junior Civil ,Judge,s Court, Kamareddy (lt C.No. Zg3 of 20221. Thereafrer, the same managemcnt r:stablished new hospital in the name and style of Samanvitha I i ospital in 2022 at Sriramnagar ColorLy also managed bv \rjttam Nadipi Siddiramulu but cloctors, names were mention,:<l in the Application for Registration as Dr. Vrttam Praveen Kume. -. MBBS (2na son of Vittam Nadipi Sidcllraulu) , Dr. Vittam Strr:Liaritha, BDS (wife of Vittam praveen Kurnar). It <sup>was foundth, t Dr. Vittam Sucharitha is attending ;1eneral
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outpatients andconductingscanningwith BDS qualification' Dr. VittamPraveen Kumaris attending generaloutpatientsand conducting surgeriesduringduty timings instead of attending duties at CHC,Gadharias he is Government MedicaiOflicer'
Learned GovernmentPleader submits that basedon the enquiry reportsubmittedby the Programme Officer' PC & PNDT (MHN) onO8.O7.2024 with the hndings mentioned therein and after followingall the formalities, the 2"d respondentissued show causenoticein the morning hours and instructed to close the hospital, butthe managementdid not heed the same and continued theiroperations,hence, the 2"d respondent proceeded to seize thehospital by issuingseizure notice in the evening as per instructions ofhigher authorities'I t is emphasizedthat during inspection,only six palienls came to hospitalfor scanningpurpose and there were no in-patientsas this hospital is exclusively knownfor scanning for sex determination and MTPs in theentiredistrict and surroundingdistrictsand there are no recordsavailable for inpatient data and other services' Learned GovernmentPleaderalso stated that the interimorder dated, 12.07.2024of this Court was impiementedand the 2"d
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respondenl i-.s,ued fresh show cause notice to petittoner on 24.O7.2024 and petitioner submitted reply on 30.O7 .2024 with false and irrr:levant statements / explanation. Hence, learned Government l)leader seeks to dismiss the Writ petition.
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also addres se(l the Sub-Inspector of police, Kamaredrly police Station on l'7 07 .2021 to take necessary actior-r. Ke eping in vierv all thesc factors, this Court, in the interest o[ pubic at large, is of tF,-' opinion that petitioner hospital is not entitled to continue its ,, Jre rations. The Writ petition is therefore. liable to be dismisscd.
7 'lhr: Writ Petition is accordingly, dismissr:d. No CoSLS
shall stand c [osed.
To,
SD/.A. SRINIVASA REDDY sr$TANr RE GISTRAR //TRUE COPYII OFFICER l\l'=;a;
1 One CC to Sri t) Satyanarayana, Advocate tOpUCl 2 Two CCs to Gp rbr Medical Health Family Welfa r e, High Court tbr the State of Telangana, at,tyderabad tOUt- 'rri' !'v'rsv'r '
3 Two CD Copies TJ LS s
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HIGH COURT
DATED:0510312025
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2 E II,,AB 2W
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ORDER
WP.No.18466 of 2024
DISMISSING TI.IE WRIT PETITION
WITHOUT COSTS
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2 issues framed by the court
Was the seizure of the hospital without prior opportunity to respond to the show cause notice illegal as violating natural justice?
Is the petitioner hospital entitled to continue operations despite alleged irregularities and pending criminal cases under the PC&PNDT Act?
5 provisions across 5 enactments
Samanvitha Hospital, rep. by its Managing Director Dr. Smt. Vittam Sucharitha
The State of Telangana, rep. by its Principal Secretary, Health Medical and Family Welfare Department
The District Medical and Health Officer, Kamareddy District
The District Collector and Magistrate, Kamareddy District
Nagesh Bheemapaka
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
