ORISSA HIGH COURT : CUTTACK

WA No.703 of 2025

In the matter of an Appeal under Article 4 of

the Orissa High Court Order, 1948

read with

Clause 10 of the Letters Patent constituting

the High Court of Judicature at Patna

and

Rule 6 of Chapter-III and Rule 2 of Chapter-VIII

of the Rules of the High Court of Orissa, 1948

***

Sanjivani Ultrasound Clinic

Represented through its Proprietress

Smt. Prativa Behera Aged about 62 years

Wife of Dr. Ashok Kumar Behera

At/P.O.: ITI Road, P.S.: Talcher

District: Angul. … Appellant

(Petitioner in

the writ petition)

-VERSUS-

1. State of Odisha Represented through

The Commissioner-cum-Secretary

Health and Family Welfare Department

At: Loka Seva Bhawan

At: Secretariat Building

Sachivalaya Marg, Bhubaneswar

District: Khordha.

2. Chief District Medical Officer District Head Quarter Hospital At/P.O./District: Angul.

3. Collector and District Magistrate-cum Appropriate Authority, PC & PNDT Act At/P.O./District: Angul.

4. Director, Health & Family Welfare-cum State Appropriate Authority, PC & PNDT Act At: Heads of Department Building Bhubaneswar, District: Khurda. … Respondents (Opposite parties in the writ petition)

Counsel appeared for the parties:

For the Appellant : M/s. Umakanta Mishra, D.K. Mohapatra and S.K. Mishra, Advocates For the Respondent : Mr. Saswat Das, Nos.1 to 4 Additional Government Advocate P R E S E N T:

HONOURABLE CHIEF JUSTICE MR. HARISH TANDON AND HONOURABLE JUSTICE MR. MURAHARI SRI RAMAN Date of Hearing : 11.11.2025 :: Date of Judgment :27.11.2025

JUDGMENT

MURAHARI SRI RAMAN, J.

Questioning propriety and legality of Order dated 19.02.2025 of a learned Single Judge of this Court dismissing writ petition, being W.P.(C) No.11461 of 20241, on the ground of existence of alternative remedy of appeal under Section 21 of the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 (for short, “PCPNDT Act”) after counter affidavit being furnished by the respondents (opposite parties in the writ petition), this intra-Court appeal has been preferred under Clause 10 of the Letters Patent Constituting the High Court of Judicature at Patna read with Article 4 of the Orissa High Court Order, 1948 and Rule 6 of Chapter-III and Rule 2 of Chapter- VIII of the Rules of the High Court of Orissa, 1948, with the following prayer(s):

“It is, therefore, prayed that your Lordships may graciously be pleased to admit the Writ Appeal, call for the records calling upon the respondents to show cause as to why the writ appeal would not be allowed by setting aside the Order dated 19.02.2025 passed by the Hon‟ble

1 Prayers made in the writ petition runs as follows:

“It is therefore prayed that your Lordships may graciously be pleased to admit the Writ application, call for the records calling upon the opposite party to show cause as to why the writ application would not be allowed and if they fail to show cause or show false or insufficient cause, may make the Rule absolute by directing the opposite party No.4 to release the ultra sound machine and other articles and documents seized on 14.08.2013 listed in the Seizure list, given in Annexure-3 and issue fresh/renewed license within a short stipulated period;

And may pass any other order/orders which your Lordships may deem fit and proper.

And for which act of your kindness, the petitioners, as in duty bound ever pray.”

Single Judge in W.P.(C) No.11461 of 2024 and if they fail to show cause or show false or insufficient cause, may make the Rule absolute by setting aside the Order dated 19.02.2025 passed by the Hon‟ble Single Judge in W.P.(C) No.11461 of 2024 and further direct the respondents to release the ultra sound machine and other articles and documents seized on 14.08.2013, and issue fresh/renewed license within a short stipulated period;

And may pass any other order/orders which your Lordships may deem fit and proper;

And for which act of your kindness, the appellant, as in duty bound ever pray.”

Facts culled out from pleadings in the writ petition as well as