Cancellation of clinic registration upheld; authority followed proper procedures without violation of rights.

THE HON’BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No.20499 OF 2023 ORDER:-

1. This Writ Petition is filed seeking the Court to issue an order or direction more in the nature of Writ of Mandamus declaring the order dated 28.04.2023 in Rc.No.SPL/DEMO- MEM/DM&HO/WNP/2023 passed by the 2^nd respondent in cancelling the license of the 1^st petitioner which is an Established Clinic on the ground of an application made by the 4th respondent for cancellation of Clinic registration without considering the request made by the 2^nd petitioner, as illegal and arbitrary and consequently set-aside the seizure proceedings issued by the 3^rd respondent vide Rc.No.46/AR/DI/WNP/SZ/2023 and the rejection proceedings issued by the 2^nd respondent vide Rc.No.14006/DMHO-WNP/DEMO-MEMSUITS/2023, dated 21.06.2023 as the same is unjust and against the provisions of The Telangana Allopathicx Private Medical Care Establishments (Registration and Regulation) Act, 2002 (Act No.13 of 2002) and also against the Clinical Establishment Act, 2010 and Rules therein.

2. Heard Sri K.Devanath, learned counsel for the petitioners as well as learned Assistant Government Pleader for Medical and Health representing respondent Nos.1 to 3. Perused the entire material available on record.

3. The brief facts of the case which led to filing of the present Writ Petition are that the 2^nd petitioner is a Doctor by profession and the 4th respondent is her husband and both of them made an application dated 07.09.2021 to the 2nd respondent for running a clinic in the name of “Sri Balaji Poly Clinic” situated at H.No.40- 107, New Bus Stand Road, Vallab Nagar, Wanaparthy District and accordingly, the 2^nd respondent had issued Certificate of Registration of Allopathic Private Medical Care Establishments dated 04.12.2021 which is valid upto 03.12.2026. The 2^nd petitioner is practicing as a Dermatologist and the 4th respondent is practicing as a General Physician in the premises of the 1^st petitioner. It is stated that the subject premises was gifted by the father of the 4^th respondent to the 4^th respondent through Registered Gift Deed and subsequently, the 4^th respondent and the 2nd petitioner applied for loan from the UCO Bank on 30.12.2015 under the term Loan under UCO Home Loan Scheme for the purpose of repair/renovation of residential building by mortgaging the properties standing in the name of the 4^th respondent and after obtaining such loan, the 4^th respondent had constructed the Hospital building. Subsequently, due to family disputes between the wife and husband i.e., the 2nd petitioner and the 4th respondent, the 4th respondent has made an application to the 2nd respondent on 13.12.2022 requesting to cancel the permission accorded for practicing in the subject premises i.e., petitioner No.1 herein. After coming to know about the application made by the 4^th respondent, petitioner No.2 has made an application to the 2^nd respondent dated 17.04.2023 requesting for continuation of Registration Certificate in the name of 1^st petitioner. But the 2^nd respondent, without considering her request, passed orders dated 28.04.2023 cancelling the registration of the 1^st petitioner and directed the 2^nd petitioner to apply for new clinic as per Clinical Establishment Act, 2010. Aggrieved by the same, the present Writ Petition.

4. Learned counsel for the petitioners would submit that as per Section 9(1) of the Telangana Allopathic Private Medical Care Establishments (Registration and Regulation) Act, 2002, if the Authority is satisfied suo-motu or on a