Sitha Ajay Kumar Vs The State of Telangana — Writ and Judicial Review | Telangana HC (2025)

Sitha Ajay Kumar Vs The State of Telangana — Writ and Judicial Review | Telangana HC (2025)

What the court decided

AI extract

Outcome

Writ petition disposed of without costs: petitioner permitted to resume running the clinic and medical store subject to employing qualified personnel, maintaining necessary bed-strength and complying with prescribed norms, and allowed to apply for fresh registration on payment of prescribed fees due, with respondent authorities to conduct inspection and pass appropriate orders in accordance with law; pending miscellaneous applications closed.

Issue for consideration

Whether the respondents' seizure of the 1st petitioner's clinic (M/s Ajay Kumar Clinic) and the 2nd petitioner's medical shop (Sree Ayyappa Medical and General Stores) without affording an opportunity of hearing and without following due procedure was illegal and arbitrary. +1 more

Court's answer

The petitioner is directed to run the Clinic and medical store with qualified personnel, strictly in accordance with the Rules and Regulations applicable, and also maintain necessary bed-strength.

Ratio / Principle

Subject to the petitioner complying with the norms and standards prescribed for a Clinic and Medical Store, the petitioner can apply for registration by paying the prescribed fees due.

Key takeaways

The respondent authorities shall conduct necessary inspection for granting fresh registration and pass appropriate order in accordance with law.ratio¶42
The writ petition is disposed of with no costs, and miscellaneous petitions/applications pending in this writ petition shall stand closed.ratio¶43

Detailed headnote1 paragraphs

Writ Petition (Art. 226) by the proprietor of M/s Ajay Kumar Clinic (registered under the Telangana Allopathic Private Medical Care Establishments Registration and Regulation Act, valid till 2029) and the operator of Sree Ayyappa Medical & General Stores, Koheda Village, Ranga Reddy District, challenging the seizure of both establishments by Telangana health authorities on 30.01.2025 without opportunity of hearing or due procedure. Held: petitioners directed to run the clinic and medical store with qualified personnel strictly per applicable Rules and Regulations and maintain necessary bed-strength; subject to compliance with prescribed norms, petitioner may apply for fresh registration paying prescribed fees due, and respondent authorities shall inspect and pass appropriate orders in accordance with law. Writ petition disposed of, no costs; pending miscellaneous applications closed.

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

THURSDAY, THE SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA

WRIT PETITION NO: 3149 OF 2025

Between:

'l . Sitha Ajay Kumar, S/o Sitha Chandraiah, aged about 53 years, Occ. Proprietor, M/s Ajay Kumar Clinic, at H.No. 1-12, Koheda Village, Abdullapurmet [\Iandal, Ranga Reddy District.

Sitha Kranthi Kumar, S/o Sitha Ajay Kumar, Aged about 30^yegrs,Occ. Medical Shop, Sree Ayyappa Medical and General Stores, at^{H.No. 1-12,} Koheda Village, Abdullapurmet Mandal, Ranga Reddy District.

.....PETrTtONER(S

AND

'1 . The State of Telangana, Rep. by its Principal Secretary, Health, Medical and Family Welfard Department, Secretariat, Hyderabad.

The District Medical and Health Officer, Ranga Reddy^District.

The Deputy District Medical and Health Officer, lbrahimpatnam,^{Ranga Reddy} District.

.....RESPONDENTS

Petition Under Article 226 of the Constitution of^{lndia prayingthat in the} circumstances stated in the affidavit^{filed therewith,the High Courtmay be} pleased to issue a Writ or direction more^particularly one in the nature^{of Writ of} Mandamus, declaring the action of the respondents^{in seizing the 1st petitioners} Allopathic Private Medical Care Establishments^{running under the name and} style of M/s Ajay Kumar Clinic and Sri^{Ayyappa Medicaland General Storesof} 2nd petitioner, situated at H.No.'1-12, Koheda^{Village, AbdullapurmetMandal,} Ranga Reddy District without^giving opportunity^{and without followingdue} procedure as illegal, arbitrary, without^{jurisdiction,} unconstitutional,^{violation of} principles of natural^justice and contrary to the^provisions of the Act^and

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consequentry direct the respondents to rerease the petitioners, above mentioned Clinic and Medical Shop.

1.A.NO:1 OF 2025

petition Under section 151 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to direct the respondents to rerease / reopen the 'tst petitioner,s Aropathic private Medical Care Establishments running under the name and style of M/s Ajay Kumar crinic and sri Ayyappa Medicar and Generar stores of 2n c petitioner, situated at H.No.1-i2, Koheda Village, Abdullapurmet Mandal, Ranga Reddy District, pending disposal of the main writ petition.

Counsel for the^petitioners : SRI P.BOSU BABU

fir?TlTlPt tte Respondents : Gp FoR MEDTcAL HEALTH AND FAMIL;

The Court made the foltowing ORDER

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HON'BLE SRI JuSTICE^{NAGESII BHEEMAPAKA}

WRIT PETITION No.3149 of 2O25

ORDER:

Petitioners are operating a Clinic by^{name M/s Ajay Kumar} Clinic (petitioner No.l) located in^{Kohedavillage. The Clinic is} registered under Telangana Allopathic^{Private MedicalCare} Establishments Registration^{andRegulation Act, andthe} registration is valid :untll 2029.^{They also run a medical shop by} name Sree Ayyappa Medical^{& General Stores(petitionerNo'2),} which has valid license for selling/distributing^{certain drugs. It is} the case of the petitioners^{that the clinic has beenproviding} services for several years now,^{and Dr. U' Dileep, MBBS. is} rendering services in the clinic.^{It isthe grievanceofthe} petitioners that on 30.Ol .2025, the^{respondentauthorities,} without any inspection or following^{due legal procedures,seized} both the clinic .^{and the medical shop after requestingand} receiving certain documents.^{Petitioners challenge the seizure as} illegal and arbitrary.

Heard Mr. Bosu Babu,^{learned counsel for the petitioners,} and learned Government^{Pleaderfor Medical and Health'Perused} the record.

Learned counsel for the^{petitioners submitsthat the Clinic} is being run by a^{qualified doctor for several years, and the} medical store too has^{necessar5ipermissions, and therefore} seizing them for^{want of qualified staff is illegal'Learned counsel} would further submit that^{the petitionerswere not afforded an} opportunity of^{hearingbeforeeffecting the impugned seizure'}

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l,earned Government Pleader, based^{on thewritten} instructions dated 05.02.2025^{receivedfrom the 2"d respondent-} District Medical & Health^{Officer,RalgaReddy District,submits} that the authorities visited the^{Clinic and Medical litore on} 3O.O7.2O25 and observed that Mr.^{Aj ay Kumar is unqualified} person and he is maintaining the clinic, and that the^available unqualihed person is the father of Dr. Dilip,^{MBBSand cheating} the public in the name of Dr. Dilip MBBS, and that^{on everyvisit} of 3.d respondent., the unqua-lified^persons are^{giving treatment,} and the Clinic is maintaining unauthorised^{beds with in-} patients/IV injections. It is further stated that the^{Fee for} registration of Clinic^(i.e., Rs.4,000/-)^{has alreadybeen paid, and} the registration for beds under 2O is^Rs.6,OOO / ,^{and the} authorities state that they have not closed the^{medi<:alshop.} Learned Government Pleader submits that the clini<: of^the petitioner was ternporarily closed and instructions were^{given to} him to get fresh registration done with required bed strength^and maintain the clinic with regular qualified person. He further submits that the clinic will be reopened on the^process of^fresh registration with bed strength.

It may be noted that the respondent authoritiers, upon frnding that the petitioner-Clinic is not being maintained and run by qualified doctors, seized the Clinic. The written instructions^of 2.d respondent-Drstrict Medical and^Health Ofhcer,^{woulddisclose} that the authorities are ready to handover the Clin ic upon processing of fresh registration by paying the prescribed fee, and upon complying with the condition that the Clinic is^being maintained with regular qualified persons.

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Considering^{the respectivesubmissions' ald perusingthe} record,^{the petitioner is directed to run the Clinic and medical} store^{with qualified personnel' strictly in accordancewiththe} Rules^{and Regulationsapplicable'and also maintainnecessary} bed-strength.^{Subject to the petitioner complying with the norms} and^{standards prescribedfor a Clinic and MedicalStore' the} petitioner^{can applyfor registrationby paying the prescribed fees} due.^{The respondentauthorities shall conduct necessary} inspection^{for granting fresh registration and pass appropriate} order^{in accordancewith law'}

Accordingly,^{the writ petition isdisposedof' No costs'} Miscellaneous^{petitions pending'if any'Consequently'} misce,aneous^{applications pending,if any, in this writ Petition'} shall^{stand closed'}

sD/-P PSBYi$f REt,EFRIX

//TRUE^COPY//

CTION OFFICER

To

The Principal^{Secretary, Health, Medical and FamilyWelfare Department'} i""*irriil^{state of Telanganaat Hyderabad'} -^. . -

ilil;ffii^{r',r"oi"rrandHealth offiier' Ranga ReddvDistrict'} 3. The Deputy^{District Medicar;;;;;ltti qmclr' turatrlmpatnam' Ranga Reddv}

?f:n3tc..^{cp FoR MEDIcALHEALTHANDFAMILYwELFARE' Hish} Cortt t"itft"^{State of Telangana at Hyderabad'[-oUT]}

6i" Cc,l^{iniF.eosuBAIBU, Advocate [oPUc]} 6. Two CD CoPies

SA

BS

.C.C. TODAY

HIGH COURT

DATED:0610212025

ORDER

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WP.No.3149 of 2025

DISPOSING OF THE W.P

WITHOUT COSTS.

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