THE HON’BLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITION No.10120 OF 2025

ORDER:

1 Aggrieved by the action of the Respondent No.2 in issuing the Proceedings in Re.No.4076/ DEMO/ CEA/ 2024 dated 06.06.2024 cancelling the registration of the Petitioner Hospital namely M/ s. Aruna Multi Specialty Hospital, located at H.No.8-6-746, Beside SBI Bank, Nagarjuna Colony, Hasthinapuram, Ranga Reddy District, without any notice as illegal, improper, unjust, arbitrary and contrary to law, this Writ Petition is filed.

2 The facts in nutshell are that the Petitioner is a doctor by profession in Ayush (Ayurvedic) and he established a private hospital namely M/ s. Aruna Multi Specialty Hospital, located at H.No.8-6-746, Beside SBI Bank. Nagarjuna Colony, Hasthinapuram, Ranga Reddy District. The Petitioner appointed a doctor namely Dr.Ramesh Reddy Dubbakka and he has submitted the certificate Registration No.2597 dated 05.02.2021 and the Petitioner has been running the hospital since 10.05.2022 without any remarks to the utmost satisfaction of the Patients. It is submitted that on 15.04.2024, one Sri Bathula Krishna joined in the hospital of the petitioner as partner and used to look after marketing management of the hospital and the petitioner used to run the hospital with another Allopathie doctor and with 40 other employees i.e., other doctors, nurses, brothers, housekeeping, pharmacy and lab and security staff.

3 While the matter stood thus, there was a dispute between the petitioner and the other partner Bathula Krishna, S/ o. Jangaiah with regard to non-cancellation of the registration Certificate No.4076 dated 03.06.2024 by the 2^nd Respondent herein. At that stage, the approached this Hon'ble Court and filed W.P.No.22867 of 2024 to declare the action of the Respondent No.2 in not taking any action for cancellation of the registration certificate issued in favour of Bathula Krishna vide Registration No.4076 dated 03.06.2024. The above Writ Petition has been dismissed by an order dated 30.01.2025.

4 It is further submitted that as per Section 3 of the Telangana Allopathic Private Medical Care Establishments (Registration and Regulation) Act, 2002 it is mandatory that no person shall establish or carry on any private medical care establishment unless it has been registered in accordance with the provisions of the Act. Accordingly, the petitioner made an application No.2597 dated 05.02.2021 to the District Registering Authority namely, the 2^nd Respondent herein for registration and establishment of private hospital in the name and style of "M/ s. Aruna Multi Specialty Hospital". The Respondent No.2 after conducting inspection granted registration certificate on 09.02.2021 which is valid up to 08.02.2026. In fact, in the said certificate of registration, the registering authority clearly mentioned that the name of the owner/ applicant Dr.Gurram Devendar i.e., the Petitioner herein.

5 While the matter stood thus, in earlier round of litigation, the 2^nd Respondent herein filed counter affidavit in W.P.No.22867 of 2024 and in the list of documents, the 2^nd Respondent herein enclosed the impugned proceedings in Rc.No.4076/ DEMO/ CEA/ 2024, dated 06.06.2024 wherein while exercising the powers under the Telangana Allopathic Private Medical Care Establishments (Registration and Regulation) Act, 2002 cancelled the registration certificate of the petitioner without following the procedure contemplated under the Act on the ground that a fresh application has been submitted by Sri B.Krishna for fresh registration and hence the Respondent No.2 cancelled the registration certificate through the impugned order dated

06.06.2024.

6 Sri K.G.Krishnamurthy, the learned senior counsel appearing on behalf of Ms. K.Kiranmayee, the learned counsel for the petitioner submitted that as per Section 9 of Act 13 of 2002, the 2^nd Respondent is having power to cancel the certificate but it should precede an opportunity of making representation by the Medical Care Establishment. I