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2024 Supreme(HP) 433

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
JYOTSNA REWAL DUA
Nari Sewa Foundation Regd. (Trust) through its President – Appellant
Versus
Chief Executive Officer H.P. State Mental Health Authority – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Raghav Goel, Advocate.
For the Respondent:Mr. Dalip K. Sharma, Additional Advocate General.

Table of Content
1. cancellation of mental health establishment registration (Para 1 , 2)
2. appellant's objections to the inspection and notice (Para 3)
3. court's analysis of statutory procedure and compliance (Para 4)
4. court's decision to quash the cancellation order (Para 5)

JUDGMENT :

Jyotsna Rewal Dua, J.

1. The Himachal Pradesh Mental Health Authority, Shimla has cancelled the registration of appellant’s mental health establishment. Feeling aggrieved, appellant seeks quashing of the cancellation order.

2. The sequence of events leading to cancellation of appellant’s registration:-

2(i) Appellant was running an all-women drug de-addiction &rehabilitation centre in the respondent/State. On 20.02.2023 it applied for registration under The Mental Healthcare Act, 2017 (in short “the Act”). The respondent–Chief Executive Officer, H.P. State Mental Health Authority-cum-Senior Medical Superintendent, granted certificate of provisional registration to the appellant- establishment on 07.03.2023. The provisional registration was subject to the conditions laid down in the Mental Healthcare Act, 2017, Rules & Regulations made thereunder and valid for a period of twelve months. The provisional r

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