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2021 Supreme(All) 1582

SURYA PRAKASH KESARWANI, SYED AFTAB HUSAIN RIZVI
Medwin Hospital And Research Centre – Appellant
Versus
State Of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Anand Kumar Singh
For the Respondent: C.S.C.

JUDGMENT :

1. Heard Sri Anand Kumar Singh, learned counsel for the petitioners and Sri Vineet Pandey, Learned Chief Standing Counsel assisted by Sri B.P. Singh Kachhawa, Learned Additional Chief Standing Counsel.

2. This writ petition has been filed praying for the following reliefs:-

    “(I) A writ, order or direction in the nature of certiorari quashing the impugned dated 11.12.2020 passed by the respondent no. 3.

(II) A writ, order or direction in the nature of mandamus directing the respondent nos. 2 & 3 to permit the petitioners to run the hospital as a designated hospital L-3 for the treatment of Covid-19 Patients (Corona patients).”

3. By the impugned order dated 11.12.2020 passed by the respondent no.3 i.e. Chief Medical Officer, Varanasi, the petitioner's hospital has been restrained from giving treatment to Covid patients and to run the hospital as Covid-19 Hospital, on the allegation that the petitioner's hospital has realized higher amount than the prescribed amount from a Covid-19 patient namely Sri Anand Kumar Mishra, who has made a complaint dated 27.08.2020 against the

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