SHEKHAR HOSPITAL PRIVATE LIMITED Vs. STATE OF UTTAR PRADESH
LAWS(ALL)-2008-12-91
HIGH COURT OF ALLAHABAD
Decided on December 12,2008

SHEKHAR HOSPITAL PRIVATE LIMITED Appellant
VERSUS
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

PRADEEP Kant, Shabihul Hasnain, JJ. - (1.) Heard Ms. Pushpila Bisht and Sri T. J. S. Makkar for the State. The petitioner's registration for Ultrasound Centre has been suspended on 9. 7. 08. Learned counsel for the petitioner submitted that the discrepancies shown in the order are trivial in nature and that the officer, who has suspended the registration was not the competent authority. Sri T. J. S. Makkar on the other hand submitted that against the order dated 9. 7. 08, statutory appeal lies under Section 21 of the Act and the petitioner having not availed the statutory remedy, the order cannot be challenged straightaway in writ jurisdiction. He further says that the question that the discrepancies are trivial in nature, which may or may not result into cancellation of the licence and that the officer who has suspended the registration is not the competent authority are the questions which can be seen by the appellate authority. We also feel that in the facts and circumstances of the case, the petitioner cannot be allowed to by-pass the statutory remedy of appeal. The petitioner ought to have filed the appeal against the order within time, as the order is appellable but for the reasons best known to the petitioner, it did not approach the prescribed forum and approached the High Court under Article 226 of the Constitution. after about five months, We, under the circumstances, refuse to entertain the petition and dismiss the same on the ground of availability of alternative remedy. Learned counsel for the petitioner, however, submitted that since the period of filing the appeal has expired, therefore, a direction be issued for condoning the delay in moving the appeal, as the petitioner would be advised to file appeal within 15 days. Learned counsel for the State has no objection. We, therefore, while declining to entertain the petition, direct that in case the petitioner files an appeal within a maximum period of two weeks from today, the same shall not be rejected by the appellate authority on the ground of limitation but shall be considered and decided on merits, expeditiously. Subject to the aforesaid liberty and directive, the writ petition is dismissed. .;


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