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Punjab-Haryana High Court

Virender Ultrasound Centre And Anr vs State Of Haryana And Ors on 25 November, 2021

Author: Raj Mohan Singh

Bench: Raj Mohan Singh

CWP-4239-2021 (O&M)                                       1

101

      IN THE HIGH COURT OF PUNJAB AND HARYANA
                    AT CHANDIGARH

                              CM No.11399-CWP of 2021
                              CM No.17434-CWP of 2021
                              CM No.17435-CWP of 2021 in/and
                              CWP No.4239 of 2021
                              Date of Decision: 25.11.2021

VIRENDER ULTRASOUND CENTRE AND ANR
                         ......Petitioners
     Vs
STATE OF HARYANA AND ORS
                         .....Respondents

CORAM: HON'BLE MR. JUSTICE RAJ MOHAN SINGH

Present:Mr. Vishal Garg Narwana, Advocate
        for the applicants-petitioners.

         Mr. Ashish Yadav, Addl. A.G., Haryana.
           ****

RAJ MOHAN SINGH, J.(Oral)

CM-11399-CWP-2021 This is an application for exemption from filing the certified/true typed copies of Annexures P-27 to P-30 and for placing on record the same.

For the reasons mentioned in the application, the same is allowed. Annexures P-27 to P-30 are taken on record, subject to all just exceptions.

CM-17434-CWP-2021 This is an application for exemption from filing the 1 of 3 ::: Downloaded on - 26-11-2021 22:26:40 ::: CWP-4239-2021 (O&M) 2 certified/true typed copy of Annexure P-31 and for placing on record the same.

For the reasons mentioned in the application, the same is allowed. Annexure P-31 is taken on record, subject to all just exceptions.

CM-17435-CWP-2021 This is an application for preponing the date of hearing in the main case which is already fixed for 04.04.2022.

Learned counsel for the applicants/petitioners submits that statutory appeal filed by petitioner No.1 is pending before the State Appellate Authority under the PNDT-cum-Chief Additional Secretary to Haryana Government, Health Department. Objection has been taken by the State in the written statement that under Section 21 of Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 and Rules 19, 19-A (2a & 3b) of Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Rules, 1996, the State Appellate Authority is to be appointed for hearing the appeal against the order of suspension or cancellation of registration passed by the State Appellate Authority.

Evidently, the State Appellate Authority has passed an order dated 23.08.2021 communicating to the petitioners that the appeal preferred by them shall be kept in abeyance till the 2 of 3 ::: Downloaded on - 26-11-2021 22:26:40 ::: CWP-4239-2021 (O&M) 3 final outcome of the present petition filed by them.

In view of aforesaid facts, learned counsel for the applicants-petitioners wishes to withdraw the present petition with a liberty to press the pending appeal before the State Appellate Authority under the PNDT Act.

In view of aforesaid submissions made by learned counsel for the applicants-petitioners, the application is allowed. Date of hearing of the main case is preponed and the case is taken up today.

CWP-4239-2021 Dismissed as withdrawn with the aforesaid liberty. The State Appellate Authority shall make all possible endeavour to decide the pending appeal in accordance with law at the earliest.



                                          (RAJ MOHAN SINGH)
November 25, 2021                               JUDGE
Atik
Whether speaking/reasoned                Yes/No
Whether reportable                       Yes/No




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