ORDER

1. This petition has been filed by the petitioner under Article 226 of the Constitution of India seeking the following reliefs:-

“i)This Hon’ble Court be pleased to direct the Respondents to remove their seal from the Petitioner Clinic and Fertility Centre, forthwith, and further allow the Petitioner to run and operate the Petitioner Clinic and Fertility Centre.

(ia) This Hon'ble Court be pleased to issue a writ in the nature of certiorari quash the order dated 12.9.2023 (Annexure P-14) whereby, the registration of the petitionerFertility Center has been cancelled.”

2. Initially the petition was filed against the alleged illegal sealing of the petitioner's premises viz., clinic and fertility center. However, when its registration was also cancelled on 12.9.2023, the petition has been amended and the aforesaid order has also been challenged.

3. In brief, the facts of the case are that the petitioner Sarvottam Suyash Clinic and Fertility Center at Shajapur is being run and operated by its proprietor by Dr. Smita Surendran, who is also a qualified doctor being M.B.B.S, DGO, (Gynecologist), and is also working as a Post Graduate Medical Officer, District Hospital, Shajapur since 2010.

4. The case of the petitioner is that it is registered under section 4 (3) of M.P. Upcharyagriha Tatha Rujopchaar Sambandhi Sthapnaye (Registrikaran Tatha Anugyapan), Adhiniyam, 1973 (hereinafter referred to as “Adhiniyam,1973”) and its registration and licence is valid till 31.3.2027. Since it was operating as fertility center, hence a request was made to the respondent No.3/Chief Medical and Health Officer, District Shajapur vide application dated 24.1.2023, for grant of Medical Termination of Pregnancy (MTP) registration , but the same has still not been decided. However, on 29.5.2024, the respondent No.5/Municipal Corporation, Shajapur, issued a notice to the petitioner to get an audit done in respect of the fire and life safety and submit its report, which was complied with by the petitioner, and accordingly, as per the report, the petitioner's clinic complied with all legal requirements.

5. The petitioner once again filed an application for issuance of MTP registration on 4.6.2024. It is further the case of the petitioner that since the proprietor of the petitioner, Dr. Smita Surendran, who was also working as a Post Graduate Medical Officer, District Hospital, Shajapur submitted an application to the Chief Medical -3- W.P.No.23764 of 2024 Officer/Shajapur seeking leave to travel outstation from 6.8.2024 till 7.8.2024, which was allowed and the petitioner also travelled out of station for the said dates, however, in the meantime, on 7.8.2024, the respondents visited the petitioner's clinic on the basis of certain complaints, and conducted a spot inspection, and thereafter sealed the premises without serving any notice and without providing a copy of the panchnama of the same to the proprietor of petitioner.

6. The case of the petitioner is that it could not have been sealed in this manner without following the principle of natural justice, and thus, against the aforesaid illegal sealing, the petitioner preferred the present petition on 12.8.2024, and during the pendency of the petition, the respondents also passed the order of cancellation of registration of the petitioner's clinic on 12.9.2023, which has been subsequently challenged by way of amendment.

7. Shri Aditya Sanghi, learned senior counsel for the petitioner has vehemently argued before this Court, and it is submitted that the impugned action of the respondents as also the order of cancellation registration are bad in law and are liable to be quashed.

8. Shri Sanghi has also drawn attention of this Court to the section 6 of the Adhiniyam, 1973, which has been given a complete go bye by the respondents. It is also submitted that admittedly, no opportunity of hearing was ever granted to the petitioner before passing the impugned order, and thus, it is submitted that the same be qua