Tanvee Diagonistics Llp (The Nation Hospital) And ANR v. State Of West Bengal And ORS.

28th July, 2022 (D/L No.27) (SKB) W.P.A. 16708 of 2022 Tanvee Diagnostics LLP and another -Versus- The State of West Bengal and others Mr. Pinaki Ranjan Chakraborti ... for the petitioners.

Mr. Nilotpal Chatterjee, Ms. Manali Ali ... for the State.

Mr. Arjun Ray Mukherjee, Mr. Debapriya Mitra, Ms. Saheli Mukherjee ... for respondent nos.4 & 5.

The affidavit of service is taken on record.

The petitioner prays for quashing the impugned order dated 21st July, 2022 of the Office of the Chief Medical Officer of Health Department of Health & Family Welfare, Government of West Bengal.

After hearing learned counsel, it appears that the petitioner has recourse under Section 26 of The West Bengal Clinical Establishment (Registration, Regulation and Transparency) Act, 2017 which provides for appeals to the Appellate Authority from an order cancelling or suspending a licence. In this case, the licence of the petitioner was cancelled under Section 20 of The West Bengal Clinical Establishment (Registration, Regulation and Transparency) Act, 2017. The application of

renewal of the licence of the petitioner was rejected by the impugned order.

This court is, therefore, of the view that the petitioner has statutory remedy available to it and should avail of it.

W.P.A.16708 of 2022 is accordingly dismissed without any order as to costs.

(Moushumi Bhattacharya, J.)