"#PCPNDT - The action (of seizure) taken without supporting reasons is lifeless : The Action of Seizure of Hospital Struck Down by Hon. A.P. High Court. - Adv. ROHIT ERANDE ©

" #PCPNDT - The action (of seizure)  without supporting reasons is  lifeless, cannot sustain : The Action of Seizure of Hospital Struck Down by Hon. A.P. High Court. -

Case Details : 

Raksha Hospital, Kurnool Dist. V/s. The State of A.P. & ors.

W.P. no. 27153/2025 , decided on 13/10/2025

Hon. JUSTICE MAHESWARA RAO KUNCHEAM

(link of the Judgment : https://indiankanoon.org/doc/37978669)

Facts of the Case : 

1. The petitioner   Hospital is situated  at Kurnool,  Opposite New Bus Stand, Kurnool dist., State of Andhra Pradesh and it was contended that the said hospital has earned name and goodwill. 

2. It was submitted that that the 2nd respondent, i.e. the Dist. medical Health Officer, Kurnool  in exercise of the powers vested under the provisions of the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 (Act No.57 of 1994), has issued three show cause notices dated 02.08.2025, 05.08.2025 and 13.08.2025, pointing out certain deficiencies against the petitioner Hospital and   in pursuance of the said show cause notices, the petitioner Hospital submitted explanations on different dates i.e., 05.08.2025, 06.08.2025 and 19.08.2025 respectively,  

3. However, without considering these explanations,  the Respondent straight away issued the seizure of the petitioner Hospital vide Rc.No.SPL/APAPMCE/DEMO/ DM&HO/KNL/2025 dated 26.09.2025 and it was contended that it  amounts to gross violation of principles of natural justice and therefore the Petitioner Approached Hon'ble High Court of A.P. at Amravati.

4. it was contended by the Respondents that the Action was proper as    the activities of the petitioner Hospital were leading to multifarious problems to the patients,  

5. On a consideration of the rival submissions made by the parties and perusal of the material on record, the moot question that crops up in the lis is whether the principles of natural justice are violated or not?

Held : 

1. The Hon'ble high Court observed that by perusing  the impugned seizure order dated 26.09.2025 it is crystal clear that it  does not disclose any reference to the explanations submitted by the petitioner Hospital, nor its contents. Prima facie, the 2nd respondent passed the seizure orders without taking into account the explanations submitted by the petitioner Hospital, which is against the well established principles of natural justice.

2. the hon'ble high Court refereed to various judgments and it started with  the case of Assistant Commissioner, Commercial Tax Department, Works Contract and Leasing, Kota Vs. Shukla 1 (2010) 4 SCC 785, wherein, the Hon'ble Supreme Court at paragraph Nos.10, 14, and 17, held as under:-

  ".10....The doctrine of audi alteram partem has three basic essentials. Firstly, a person against whom an order is required to be passed or whose rights are likely to be affected adversely must be granted an opportunity of being heard. Secondly, the authority concerned should provide a fair and transparent procedure and lastly, the authority concerned must apply its mind and dispose of the matter by a reasoned or speaking order..."                   14. The order of an administrative authority may not provide reasons like a judgment but the order must be supported by the reasons of rationality. The distinction between passing of an order by an administrative or quasi-judicial authority has practically extinguished and both are required to pass reasoned orders.."                 17. Following this very view, the Supreme Court in another very recent judgment delivered on 22.2.2008, in State of Rajasthan v. Rajendra Prasad Jain (2008) 15 SCC 711) stated that 'reason is the heartbeat of every conclusion, and without the same it becomes lifeless......"

3. Very Recently, the Full Bench of the Hon'ble Supreme Court of India in Krishnadatt Awasthy Vs. State of Madhya Pradesh , by taking into account different facets of principles of natural justice in its unequivocal words, observed that the primary purpose of natural justice is to assist the administration in reaching sound decisions at the outset, reducing the likelihood of decisions being overturned later. The significance lies in fostering fair and well informed decision making at the very first instance.

 4. On this background, the Hon'ble High Court struck down the impugned orders dated 26.09.2025 passed by the 2nd respondent, on the ground of violation of principles of natural justice., however, it was held that  the respondent authorities are at liberty to initiate appropriate action by duly following the provisions enunciated under the A.P. Allopathic Private Medical Care Establishments Act, 2002 (Act 57 of 1994) and rules thereon.

Although the reasons for the seizure orders are not clear in the order, nevertheless the principles laid down therein are of utmost importance.   May it be any case, the other side must be heard and thus most of the times, it has been the experience of many medicos that the Authorities do not resort to the explanations given by them and in such cases this judgment and moreover the judgments of Hon'ble Supreme Court will be of great importance. 

Adv. ROHIT ERANDE ©