THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL

ORDER:

The Writ petition is filed seeking the following relief:

“…to issue a writ order or direction more particularly one in the nature of Writ of Mandamus to declare impugned orders issued in R.C.No.P-/30/DMHO/CEA/KMR/2025 dated 26.03.2025 wherein cancelling the Hospital Registration Certificate under District Registration Authority (DRA) and USG scanning center permission registration certificate under PC and PNDT Act and directed to surrender the registration certificates and consequential Proceedings in R.C.No.P- 30/DMHO/CEA/KMR/2025 dated 26.03.2025 wherein directed to stop all the operations and not run the hospital is illegal arbitrary and unconstitutional and set aside the same with a consequential direction to the respondents to allow the petitioner to run the Hospital and to pass...”

2. Heard Sri Pratap Narayan Sanghi, learned Senior Counsel representing Sri Nayakawadi Ramesh, learned counsel for the petitioner and Ms. Swapna Madhuri, and learned Additional Government Pleader for Medical Health (FW) appearing for respondents. Perused the material available on record.

3. Learned counsel for the petitioner firstly submits that a show cause notice was issued against the petitioner by respondent No.2. The petitioner then filed W.P.No.18466 of 2024, and this Court, after perusing the material available on record and hearing both parties, vide dismissed the writ petition order dated 05.03.2025, holding that it is not entitled to continue its operations. Challenging the said order dated 05.03.2025 in W.P.No.18466 of 2024, the petitioner filed W.A.No.363 of 2025 and a Division Bench of this Court disposed of the said writ appeal vide judgment dated 02.04.2025 while reserving liberty, as prayed for by the petitioner, to challenge the order dated 26.03.2025 in appropriate fresh proceedings and in the event of such a challenge, the competent forum shall decide the matter on its own merits, and the findings given in W.P.No.18466 of 2024 will not mechanically bind the competent forum. Furthermore, the Honble Division Bench did not express any opinion on the merits of the case. Hence, he submits that a fresh cause of action has arisen upon receipt of the impugned order issued by respondent No.2 vide R.C.No.P-30/DMHO/CEA/KMR/2025, dated 26.03.2025, instructing to stop all operations, as stated in the said order, which reads as under:

“ Therefore the Managing Director of Smanvitha Hospital, Kamareddy is hereby instructed to stop the all operations at yours Hospital and not to operate and run any services at your Hospital like O.P. Services, I.P. Services, O.T.Services, Diagnostic Services, USG Scanning Centre Services and all other functions of your Hospital according to Hon’ble High Court Orders released on 05.03.2025 and as per Legal Opinion of Government Pleader of Medical and Health, High Court buildings Hyderabad issued on 25.03.2025.”

4. The learned counsel for the petitioner secondly submits that the impugned order is contrary to the procedure laid down in Chapter VI of the Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994, which deals with the cancellation or suspension of registration. He contends that the Advisory Committee ought to have come to a conclusion as required under Section 6 of the Act, and that the appropriate authority, along with the advisory committee, failed to consider the matter on merits before issuing the impugned proceedings. Hence, the petitioner seeks indulgence of this Court.

5. Learned counsel for the petitioner thirdly submits that the explanation given by the petitioner in response to the show cause notice dated 30.07.2024 was taken into consideration, and the impugned proceedings were passed in a mechanical manner without verifying the merits and demerits of the case and the District Level Multi Member Appropriate Authority – PC and PNDT Act, Kamareddy District members has proposed the following resolutions for successful impleme