High Court of Punjab and HaryanaCWP/697/2022disposed of

Gurkirpa Nursing Home v. State Of Punjab And Another

2022-02-01Mr. Justice Raj Mohan Singh3 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of Decision:-01.02.2022 Gurkirpa Nursing Home

...Petitioner

Versus

State of Punjab and another ... Respondents CORAM: HON'BLE MR. JUSTICE RAJ MOHAN SINGH Present:- Mr. M.S. Kathura, Advocate for the petitioner.

***** RAJ MOHAN SINGH, J .(Oral) The case has been taken up for hearing through video-conferencing.

Petitioner has preferred this writ petition for issuance of an writ in the nature of mandamus, directing the respondents to de-seal the premises of the petitioner at the earliest. Learned counsel for the petitioner submits that while passing the order dated 08.07.2021, the District Appropriate Authority/Chairman, PC and PNDT Act/Civil Surgeon, Hoshiarpur

--2-- has observed that if any qualified doctor claims his right over the institution, he may contact the District Appropriate Authority personally along with all relevant documents and in such eventuality the building will be de-sealed. The grievance of the petitioner is that the petitioner being a qualified doctor made a request before the aforesaid District Appropriate Authority, District Hoshiarpur for de-sealing of the Gurkirpa Nursing Home, Garhshankar along with all relevant documents on 28.07.2021 and his request has not been adhered to so far. Ultimately, the petitioner got issued a legal notice dated 28.11.2021 and the same has not been attended to so far.

At this stage, learned counsel for the petitioner submits that the petitioner would be satisfied in case his pending representation/legal notice dated 28.11.2021 is directed to be decided by respondent No.2 within a specified period. Notice of motion.

On the asking of the Court, Mr. T.P.S. Chawla, D.A.G., Punjab accepts notice on behalf of the respondent-State. This petition is disposed of by directing respondent No.2 to have a look on the grievance of the petitioner and decide the pending representation strictly in accordance with law without being influenced by any statement of fact recorded hereinabove.

--3-- It would be appreciated in case appropriate decision is taken within a period of one month from the date of receipt of certified copy of this order.

Disposed of.

01.02.2022 ( Raj Mohan Singh ) geeta Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No