APHC010614982025 IN THE HIGH COURT OF ANDHRA PRADESH [3329]

AT AMARAVATI (Special Original Jurisdiction)

TUESDAY,THE SEVENTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 32497/2025 Between:

1. A SHAKEER AHMED, S/O ABDUL WAHAB, AGED ABOUT 60 YEARS, OCC DOCTOR, R/O KODUMUR VILLAGE AND MANDAL, KURNOOL DISTRICT.

...PETITIONER AND

1. T HE STATE OF AP, REP. BY IT'S PRINCIPAL SECRETARY MEDICAL AND HEALTH DEPARTMENT, SECRETARIAT BULDINGS, VELAGAPUDI, GUNTUR DISTRICT.

2. T HE DISTRICT MEDICAL AND HEALTH OFFICER, KURNOOL DISTRICT AT KURNOOL CITY.

...RESPONDENT(S):

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, Order or Direction more particularly one in the nature for Writ of Mandamus declaring the action of the 2nd Respondent in seizing the entire Nursing Home of the Petitioner by taking away his livelyhood under the Panchanama dated 21-09-2025, being run by the Petitioner under the name and style of M/s Basha Narsing Home for the alleged violation under Pre-Conception and Pre-Natal Diagnostic Techniques Act, 1994 (PC and PNDT) Act instead of seizing the connected material alone, is as illegal, contrary to the Rules made under PC and PNDT Act, 1994, The Andhra Pradesh Allopathic Private Medical Care Establishments (Registration and Regulation) Act, 2002 (Act 13 of 2002), The Indian Medicine Central Council Act, 1970, violation of principles of natural justice apart from violation of Art 14, 19 and 21 of Constitution of India and consequently direct the 2nd Respondent to permit the petitioner to run his Nursing Home by un-locking the Basha Nursing Home at Kodumur which was seized on 21-09-2025 by the 2nd Respondent and to pass Counsel for the Petitioner:

1. J U M V PRASAD Counsel for the Respondent(S):

1. GP FOR MEDICAL HEALTH FW HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA W.P.No.32497 of 2025 This Court made the following

ORDER:

Learned counsel for the petitioner submits that the 2^nd Respondent herein erroneously and without following due procedure seized the petitioner’s Hospital under the name and style “Basha Nursing Home”, near Y.R. Centre, Kodumur, Kurnool District on the ground that the petitioner’s Hospital did not possess required documents and also Registration Certificate as required under Andhra Pradesh Allopathic Private Medical Care Establishments (Registration and Regulation) Act, 2002 (for short “Act, 2002”), more over the Registration required under Pre- Conception and Pre-Natal Diagnostic Techniques Act, 1994 (PC&PNDT) Act (for short “Act, 1994”).

2. Learned counsel for the petitioner further submits that the seizure of premises of the petitioner’s hospital is contrary to law for the reasons that the petitioner’s hospital was earlier granted registration under the provisions of the Act, 2002 vide registration No.396, dated 20.07.2019 which is valid up to 19.07.2024. The petitioner inadvertently not submitted his application for renewal of registration under the Act, 2002. In the meanwhile, the respondents inspected and seized the petitioner’s Hospital on the guise of Panchanama dated 21.09.2025. Hence the writ petition. 3. Learned Government Pleader for Medical and Health submits that he filed counter-affidavit on behalf of Respondent No.2, wherein it is stated as under:

“5. It is respectfully submitted that, in reply to the Pra Nos.7 and 8 of the affidavit, in view of the foregoing, the petitioner have blatantly violated the mandatory statutory provisions under the Act, 2002 by running a medical establishment under the name and style Basha Nursing Home at Kodumur of Kurnool District without valid registration, which was Registered for the period from 20.07.2019 to 19.07.2024 only in the name of Basha Nursing Home bearing Registration No.396/APAMCE/DMHO/KNL/2018. It is further submitted that the petitioner m