HIGH COURT OF JUDICATURE AT ALLAHABAD
Court No. – 32
Case :- WRIT – C No. – 33480 of 2013
Petitioner :- Jitendra Kumar Sharma
Respondent :- State Of U.P. And 4 Others
Counsel for Petitioner :- Manoj Kumar
Counsel for Respondent :- C.S.C.
Hon’ble Sunil Ambwani,J.
Hon’ble Surya Prakash Kesarwani,J.
Heard learned counsel for the petitioner. Shri J.K. Tiwari, learned Standing Counsel appears for the respondents.
Prima facie we do not find any illegality in the action taken by the District Magistrate in sealing ultrasound clinic on the ground that an unauthorised person was carrying out ultrasound tests and the petitioner was not regularly maintaining Form-F, which is a mandatory requirement under the PC & PNDT Rules.
Learned Standing Counsel informs the Court that the license to run ultrasound clinic on the aforesaid irregularities has not been suspended or cancelled so far. Any action in this regard will be taken after issuing the show cause notice to the petitioner.
Prima facie we find that the respondents have, after finding the aforesaid irregularities, on the inspection carried out on 13.4.2013 prepared a record of proceedings (Fard Karyawahi) and has given the attached equipment and documents in the custody of Shri Jitendra Kumar Sharma-the petitioner with directions not to use the equipment and machinery untill directions are issued by the authorities. The legal action to be taken by the respondents is to� be followed up after show cause notice in the matter of suspension or cancellation of the license.
The writ petition is premature and is accordingly dismissed.
Order Date :- 24.6.2013