M/S.Siva Multy Speciality Hospital Blood Bank, v. The State Of Andhra Pradesh,

HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.7829 of 2012 ORDER:

This Writ Petition under Article 226 of the Constitution of India is filed seeking to declare the action of the respondents 3 & 4 in attempting to demolish the premises of the petitioner, as illegal and arbitrary, and consequently, direct the respondents not to demolish or dismantle the premises of the petitioner till expiry of license granted by the CDSCO to run and maintain blood bank.

Heard and perused the material available on record. It is the case of the petitioner that it is running a blood bank in the premises bearing H.No.11-2-44, Balaji Nagar, Khammam, after obtaining necessary licence from CDSCO, Hyderabad. While so, the respondents 3 and 4 suddenly came to the said premises along with JCB and ordered the petitioner to vacate the premises otherwise, they would demolish the premises on the ground that the blood bank is running in the cellar portion of the said premises. The main grievance of the petitioner is that without following the procedure and without giving any opportunity to the petitioner, the respondents 3 and 4 are trying to evict the petitioner from the said premises.

Learned counsel for the petitioner submitted that the petitioner made application, dated 21.12.2015, to the respondents 3 & 4 for regularization and penalization, and requested to direct the respondents 3 and 4 to consider the said application.

Considering the facts and circumstances of the case and the submissions of the learned counsel for the petitioner, the respondents 3

& 4 are directed to consider the application, dated 21.12.2015, and pass appropriate orders in accordance with law.

With the above directions, No order as to costs. Miscellaneous petitions pending if any, shall stand closed. ______________ RAJA ELANGO, J February 09, 2017.

KTL