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High Court Of ChhattisgarhWPC/2200/2017disposed off

Shyamal Kumar Bishwas v. State Of Chhattisgarh

2018-07-20Hon'Ble The Chief Justice,Hon'Ble Shri Justice Manindra Mohan Shrivastava2 pages

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 2200 of 2017

1. Shyamal Kumar Bishwas S/o Late Kalipad Biswas, Aged About 51 Years R/o Near Azad Chowk, Akaltara, Tahsil Akaltara, District Janjgir Champa, Chhattisgarh., Chhattisgarh

2. Samwendra Nath Biswas, S/o Shri Sachindra Nath Biswas, Aged About 45 Years R/o Near Bus Stand Taraud, Tahsil Akaltara, District Janjgir Champa, Chhattisgarh., District : Janjgir-Champa, Chhattisgarh ---- Petitioners

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Health And Family Welfare Mantralaya, Mahanadi Bhawan, Sector 19, Rakhi 1, New Raipur, Raipur, Chhattisgarh., Chhattisgarh

2. Sub Divisional Magistrate, Janjgeer, Tahsil Janjgeer, District Janjgir Champa, Chhattisgarh., District : Janjgir-Champa, Chhattisgarh

3. Block Medical Officer, Public Health Centre, Akaltara, Tahsil Akaltara, District Janjgir Champa, Chhattisgarh., District : Janjgir-Champa, Chhattisgarh ---- Respondents For Petitioners :

Shri Rajkamal Singh, Advocate For State :

Shri Y.S. Thakur, Additional Advocate General Division Bench : Hon'ble The Chief Justice & Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 20/07/2018 Heard.

1. Let the petitioners file an application for registration under the Chhattisgarh State Upcharyagriha Tatha Rogopchar Sambandhi Sthapanaye Anugyapan Adhiniyam, 2010. The Registering Authority/Licensing Authority

-2must take decision on such application within four weeks thereof keeping in mind that Clinic of the petitioners have been shut down and sealed since February 2017 which is causing undue hardship to them as well as the landlord since the premises are supposed to be on rent.

2. If no decision is taken within the time framed, the Sub Divisional Magistrate, Janjgir will be obliged to de-seal the premises. It is made clear that de-sealing of the property is not a license to the petitioners to carry on with their activity till the authority takes decision on petitioners' application for registration.

3. The writ petition stands disposed of.

Sd/- Sd/- (Ajay Kumar Tripathi) (Manindra Mohan Shrivastava) Chief Justice Judge Praveen