3 15.01.2021 The Matter Is Taken Up ... vs The Petitioners Have Filed This ...
2021 Latest Caselaw 527 Ori

                                 W.P.(C) No.33711 of 2020




                                 W.P.(C) No.33711 of 2020
                                              And
                                     I.A. No.14572 of 2020

03   15.01.2021            The matter is taken up through video conferencing
                  mode.
                           Heard Mr. B.P. Pradhan, learned counsel for the
                  petitioners.
                           The petitioners have filed this writ petition to quash
                  the order dated 17.09.2018 under Annexure-6 passed by
                  opposite party no.3-Collector & District Magistrate-cum-
                  District Appropriate Authority, PC & PNDT Act, Sundargarh
                  which has been confirmed vide order dated 07.03.2019
                  under Annexure-10 passed by opposite party no.2 in Appeal
                  Case No.02/2018.
                           Mr. B.P. Pradhanlearned counsel for the petitioners
                  contended that opposite party no.3-Collector & District
                  Magistrate-cum-District Appropriate Authority, PC & PNDT
                  Act, Sundargarh has not applied his mind and passed the
                  order dated 17.09.2018 simply stating that on perusal of the
                  show-cause replies, which are not satisfactory and cancelled
                  the certificate of registration of the petitioner-hospital as the
                  proprietor has violated the rules under PC & PNDT Act. It is
                  further contended that in appeal also, the appellate authority
                  without taking into consideration the grievance of the
                  petitioner relying upon point No.33(e) of judgment dated
                  08.11.2016 passed by the apex Court in W.P.(C) No.349 of
                  2006 confirmed the order passed by opposite party no.3. It
                  is further contended that since Rule 12 of the PC & PNDT
                  Act, 1994 has not been complied with, the order of
                  cancellation so passed cannot sustain in the eye of law in
                  view of judgment passed by this Court in Dr. Pravat Kumar
        Jain v. State of Orissa, 2018 (I) OLR 707.
                In the opinion of this Court, the matter requires
       consideration.
                Issue notice to the opposite parties both in main
       case as well as Interlocutory Application.
                Four extra copies of the writ petition be served on
       learned Additional Government Advocate within three days
       as he appears for opposite parties no.1 to 4 to enable him to
       obtain instructions or file counter affidavit.
                Put up this matter after three weeks.




                                              ...............................

Alok (DR. B.R. SARANGI) JUDGE