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2025 Supreme(Online)(Tel) 48238

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA
Dr.Guntupally Sumanth – Appellant
Versus
The State of Telangana – Respondent
WP 14113/2025



THE HON’BLE SRI JUSTICE NAGESH BHEEMAPAKA

ORDER:

This Writ Petition is filed declaring the action of the 2nd respondent in highhandedly seizing the petitioners hospital situated at Road No.1, Doctors Colony, Sarrornagar on 21.01.2025 pursuant to the registration of crime in FIR No.85 of 2025, dated 21.01.2025 on the file of 4th respondent and further conducting seizure panchanama putting the seal over the petitioners hospital on 08.02.2025.

2. Heard Sri Vemula Suresh, learned counsel for petitioner and Smt K.Swapna Madhuri, learned Assistant Government Pleader for Medical and Health for respondent Nos.2 and 3.

Perused the record.

3. Learned counsel for the petitioner submits that the petitioner is the Managing Director and founder of Alakananda Multispecialty Hospital, established seven months ago in Saroornagar, Ranga Reddy District. The hospital premises were leased from 29.06.2024 for five years at Rs.2,00,000/- per month. On 21.01.2025, based on false information, the Dy.

DHMO inspected the hospital alleging illegal kidney transplants involving two donors from Tamil Nadu and two recipients from Karnataka, with surgeries allegedly performed on 01.01.2025 without permission. A case was registered under the Transplantation of Human Organs and Tissues Act (FIR No.85 of 2025). The petitioner was arrested and later released on bail on 04.04.2025. While petitioner was in custody, the hospital was sealed on 08.02.2025 without any notice or opportunity to explain. The sealing has caused mental and financial harm and damaged the hospital’s reputation. The petition to remove the seal was returned without a hearing. The petitioner has invested heavily in the hospital, employing 30 staff members. The main accused admitted that the hospital was not involved. The seizure is an abuse of power, and the petitioner requests this Court to remove the seal. Hence, this Writ Petition.

4. Learned Government Pleader for Medical, Health and Family Welfare for respondents filed counter affidavit stating that petitioner applied for registration of 50-bed on 12.07.2024, but after inspection, permission was granted for only 9 beds. The hospital was registered on 20.07.2024, valid until 19.07.2029.

On 21.01.2025, based on anonymous information about illegal kidney transplants, the hospital was inspected. Four patients were found to have undergone kidney transplants without proper medical records. The patients were moved to Gandhi Hospital, and the hospital was sealed to preserve evidence. An FIR was filed, and the petitioner was arrested. On 08.02.2025, police seized surgery kits and medical reports linked to donors Ms. Nasreen Banu Eliyash and Ms.Priodhosh. A committee found that poor donors were exploited by brokers who received Rs.4 lakhs for arranging kidney donations, while recipients paid large sums to the hospital. The hospital conducted illegal kidney transplants, violating the Telangana State Clinical Establishments Act, 2010. Therefore, on 22.01.2025, the hospital’s registration was canceled under Section 8(3) of the Act to protect patient safety, and the hospital was ordered to stop operations. Therefore, prayed this Court to dismiss the Writ Petition.

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5. After considering the submissions of both learned counsel,

this Court finds that the seizure and sealing of the petitioner’s

hospital by 2nd respondent was based on credible information

and supported by evidence of illegal kidney transplant surgeries

conducted without proper authorization or medical records. It may be noted that action was taken to protect public health and safety under the Telangana State Clinical Establishments Act, 2010. The petitioner was afforded opportunity to seek legal remedies. Therefore, seizure and cancellation of the hospital’s registration was justified. Consequently, there is no merit in this writ petition and the same is liable to be dismissed.

6. Accordingly, the Writ Petition is dismissed. There shall be no order as to costs.

Pending miscellaneous applications, if any

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