Andhra Pradesh High Court - Amravati
M/S. City Care Hospital, vs The State Of Andhra Pradesh on 1 July, 2021
Author: R Raghunandan Rao
Bench: R Raghunandan Rao
Ne SS, [ 3206 ] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI - | - THURSDAY, THE FIRST DAY OF JULY. } TWO THOUSAND AND TWENTY ONE : PRESENT: THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO, _ WRIT PETITION NO: 12580 OF 2021 \ twe Se Between: SRE oo 1, Mis. City Care Hospital, Having its office at o 8/1226, Agadi Street, s : KaaSB Kadapa District Rep by its Managing director, Dr. Shaik Mohammad Ali S/o Shaik Khasumiya. Dr. Shaik Mohammad Ali, S/o Shaik Khasumiya, Aged about 30 years, R/o 8/1226, Agadi Street, Kadapa, Kadapa District. pa _ Petitioners , AND | oe 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Health, . Medical and Family Welfare Secretariat Buildings, Velagapudi, Amaravati. The District Collector and Magistrate, Kadapa, Kadapa District. The Joint Collector (V, WS and D), Kadapa, Kadapa District. The District Coordinator of Dr YSR Aarogyasri trust, YSR Kadapa District. _ . . ..Respondents BON Petition under Article 226 of the Constitution of India praying that in. the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ or order or direction more particularly in the nature of nature of "Writ of Mandamus" to declare the action of the Respondents, more particularly, the 4" Respondent in issuing proceedings vide YSRAHCT/KDP/7/COVID dated 28.05.2021 and also consequential proceedings vide YSRAHCT/KDP/1 S/COVIDidated 04.06.2021 directing to pay the penalty amount of Rs 9,00,000/- and directing to remit the same within one day from the date of receipt without giving reasonable opportunity to the Petitioner as being illegal, arbitrary, in violation of Art 14 and Art 19(1)(g) of the Constitution of India and in utter violation of Principles of natural justice and consequently, to set aside the proceedings vide YSRAHCT/KDP/7/COVID dated 28.05.2021 and also consequential proceedings YSRAHCT/KDP/3/COVID/dated 04.06.2021 issued by the 4th Respondent, IA NO: 1 OF 2021 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to suspend the proceedings in File YSRAHCT/KDP/7/COVID dated 28.05.2021 and consequential proceedings =YSRAHCT/KDP/13/COVIDidated 04.06.2021 issued by the 4! Respondent, pending disposal of WP No.12580 of 2021, on the file of the High Court. The petition coming on for hearing, upon perusing the Petition and the affidavit fied in support thereof and upon hearing the arguments of Sri V Sivaprasad Reddy, Advocate for the Petitioners, GP for Medical Health and Family Welfare for the Respondent No.1, GP for Revenue for Respondent No.2 & 3 and Sri A.V.S.Rama Krishna, Counsel for respondent No.4, the Court made the following. ORDER
"Print the name of Sri A.V.S.Rama Krishna, learned counsel for respondent No.4.
It is the case of the petitioners that an order, levying fine of Rs.5 lakhs was passed against the petitioners without any notice and without giving any opportunity of hearing te the petitioners. .
Sri A.V.S.Rama Krishna, learned counsel for respondent No.4, seeks time to obtain instructions as to whether any notice was given before the impugned order was passed.
Post on 05.07.2021 in 'motion fist'." Sd/- M. SRINIVAS ASSISATNT REGISTRAR } HTRUE COPYii SECTION OFEIC ER To,
1. The Principal Secretary, Department of Health, Medical and Family Welfare Secretariat Buildings, State of Andhra Pradesh, Velagapudi, Amaravati.
2. The District Collector and Magistrate, Kadapa, Kadapa District.
3. The Joint Collector (V, WS and D), Kadapa, Kadapa District.
4. The District Coordinator of Dr YSR Aarogyasri trust, YSR Kadapa District. (1 to 4 by RPAD)
5. The Section Officer, WP(Non-Service) Section, High Court of Andhra Pradesh §. One CC to Sri V Sivaprasad Reddy, Advocate [OPUC]
7. Two CCs to GP for Medical Health and Family Welfare, High Court of Andhra Pradesh. [OUT]
8. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT]
9. One CC to Sri A.V.S.Rama Krishna, Standing Counsel [OPUC] 10, One spare copy SP HIGH COURT
--RRRJ DATED: 01/07/2021 POST ON 05.07.2021 IN 'MOTION LIST' ORDER _WP.No.12580 of 2021