Shukla Multi Speciality Hospital v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4511 of 2019 Shukla Multi Speciality Hospital Through Partner Dr. Raghunandan Sharma Aged About 53 Years Occupation Doctor, Shukla Multi Speciality Hospital, Basantpur, Rajanangaon District Rajnandgaon Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary, Government Of Chhattisgarh, Department Of Health And Family Welfare, Mahanadi Bhawan, Mantralaya, Atal Nagar Nawa Raipur District Raipur Chhattisgarh 492002

2. Director Health Services, Indravati Bhawan, Atal Nagar, Nava Raipur District Raipur Chhattisgarh 492002

3. Collector-Cum-Supervisory Authority Under The Chhattisgarh State Upcharyagriha Tatha Rogopchar Sambandhi Sthapanay Anugyapan Niyam, 2013, Rajnandgaon Tehsil And District Rajnandgaon Chhattisgarh

4. Chief Medical And Health Officer Rajnandgaon District Rajnandgaon Chhattisgarh

5. Dr. Mithilesh Choudhary Chief Medical And Health Officer, Rajnandgaon District Rajnandgaon Chhattisgarh

6. Dr. Alpana Lunia Nodal Officer, Under The Chhattisgarh State Upcharyagriha Tatha Rogopchar Sambandhi Sthapanay Anugyapan Niyam, 2013, Rajnandgaon Tehsil And District Rajnandgaon Chhattisgarh ---- Respondents For Petitioner :

Mr. R. S. Marhas, Advocate For State :

Mr. Ayaz Naved, GA Hon'ble Shri Justice P. Sam Koshy Order on Board 06/12/2019

1. The challenge in the present writ petition is to the order passed by the respondent No.4 dated 03.12.2019 whereby the authorities concerned have refused to renew the license of the petitioner so far as hospital which was being run by him.

2. State counsel at this juncture submits that there is a provision of appeal to be made before the Director, Health Services under Section 10 of 'The Chhattisgarh State Upcharyagriha Tatha Rogopchar Sambandhi Sthapanaye Anugyapan Adhiniyam, 2010' (In short ' The Act of 2010'). Counsel for the petitioner submits that petitioner has rushed to the High Court because he has only being granted three days time for discharging all the patients who are there in the hospital and also to close the hospital.

3. Given the aforesaid facts and circumstances of the case, this Court is of the opinion since there is a provision of appeal under Section 10 of the Act of 2010, let petitioner prefer an appeal before the appellate authority within a period of seven days from today and appellate authority in turn shall decide the same on its merits and in accordance with law at the earliest.

4. Till the petitioner approaches the appellate authority and appellate authority takes a decision, no coercive steps shall be taken in pursuance to the impugned order Annexure P-1 dated 03.12.2019 passed by respondent No.4.

5. With the aforesaid observations, the writ petition stands disposed of. Sd/- (P. Sam Koshy) Judge Rohit