Grant Medical Foundations Ruby Hall Clinic Thr Its Authorised Representative v. State Of Maharashtra Thr Its Secretary And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.15783 OF 2022 Grant Medical Foundations Ruby Hall Clinic ... Petitioner

Versus

State of Maharashtra and Ors.

... Respondents YUGANDHARA SHARAD PATIL ****** Mr. S.R. Nargolkar i/b Mr. Arjun Kadam for the Petitioner. Ms. M.P. Thakur AGP for the Respondent-State. ****** YUGANDHARA SHARAD PATIL Date: 2022.12.23 16:40:12 +0530 CORAM: R. D. DHANUKA AND M.M.SATHAYE JJ.

DATE : 22nd DECEMBER 2022 P.C. :- 1.

Rule. The learned AGP waives service for all Respondents. Rule made returnable forthwith.

2.

By this Petition filed under Article 226 of the Constitution of the India, the petitioner seeks writ of mandamus against respondent no. 1 and/or respondent no. 2 to accord sanction and/or approve the nominated competent authority and kidney/ organ transplantation team as set out in the representations dated 23.6.2022, 29.6.2022, 11.07.2022, 23.07.2022, 29.10.2022, 03.11.2022, 11.11.2022 and 08.12.2022, annexed at Exhibit K to the 1 /3

petition to notify the competent authority and kidney/ organ transplantation team.

3.

Mrs. Thakur, learned AGP for the respondents, on instructions states that a meeting of the State Advisory Committee is proposed to be held during the period from 9th January 2023 to 13th January 2023, in which representations made by the petitioner would be considered. According to the learned AGP various pending issues against the petitioner also would be considered in the said meeting proposed to be held during the period between 9th January 2023 to 13th January 2023. Statement is accepted.

4.

The State Advisory Committee shall pass a reasoned order on the representations made by the petitioner. The decision that would be taken by the State Advisory Committee, shall be communicated to the petitioner within one week from the date of the decision, without fail.

5.

If the representations of the petitioner are accepted, consequential reliefs as permissible in law shall be granted to the 2 /3

petitioner within two weeks from the communication of the said decision and if the the representations are rejected, the petitioner would be at liberty to file appropriate proceedings as permissible in law.

6.

The petition is disposed of on the aforesaid terms. No order as to costs. It is made clear that this Court has not decided the writ petition on merits. All contentions of the petitioner are kept open. [M.M.SATHAYE,J.] [R. D. DHANUKA, J.] 3 /3