Orissa High Court
M/S Chanakya Hospital vs State Of Odisha And Others .... Opp. ... on 25 April, 2024
Author: K.R. Mohapatra
Bench: K.R. Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) NO. 6847 OF 2024
M/s Chanakya Hospital, Cuttack .... Petitioner
Mr. Tushar Kanti Satapathy, Advocate
-versus-
State of Odisha and others .... Opp. Parties
Mr. D.K. Mohanty,
Additional Standing Counsel
CORAM:
JUSTICE K.R. MOHAPATRA
ORDER
Order No. 25.04.2024 2. 1. This matter is taken up through hybrid mode.
2. The Petitioner in this writ petition seeks to assail the order/letter dated 11th March, 2024 (Annexure-1) issued by the Chief District Medical and Public Health Officer, Cuttack, whereby the Petitioner has been instructed not to run the Hospital without valid clinical establishment registration.
3. Mr. Satapathy, learned counsel for the Petitioner submits that due to non-submission of the fire safety certificate, renewal of clinical establishment registration has not been granted. In that regard, the Petitioner made an application for renewal of clinical establishment registration along with required documents except fire safety certificate, which is pending for consideration. The Petitioner undertakes to comply with the requirements including fire safety certificate within a period of thirty days. Since the Hospital is running and indoor patients are there, no coercive measure should be taken to seal the clinical establishment giving breathing time to comply with the requirements.
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4. Mr. Mohanty, learned Additional Standing Counsel submits that Annexure-1 is a notice to close the clinical establishment for want of valid clinical establishment registration. The Petitioner was afforded with ample opportunity to provide the same. Pursuant to the direction in NHRC Case No.900 of 2022, order/letter under Annexure-1 has been issued.
5. Taking into consideration the submission of Mr. Satapathy, learned counsel for the Petitioner that application for grant of clinical establishment registration is pending and some documents including fire safety certificate are required to be produced, let the same be produced within a reasonable time.
6. Thus, this Court without expressing any opinion on the merits of the case of the Petitioner for grant of fire safety certificate or clinical establishment registration disposes of this writ petition with a direction that order/letter under Annexure-1 shall not be given effect to for a period of one month i.e. till 24th May, 2024. If no valid documents are filed or clinical establishment registration is granted by that time, order/letter under Annexure-1 shall be revive automatically. It is further observed that if, in the meantime, any untoward incident either fire accident or otherwise occurs, the management of the Petitioner shall be held responsible for the same.
6. As requested, a copy of this order shall be made over to Mr. Mohanty, learned Additional Standing Counsel for communication and compliance.
Signature Not Verified Digitally Signed Urgent certified copy of this order be granted on proper Signed by: BIJAY KUMAR SAHOO Reason: Authentication application. Location: High Court of Orissa, Cuttack (K.R. Mohapatra) Date: 26-Apr-2024 17:35:44 Judge Page 2 of 2