ABUL HUSSAIN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A.K. Hussain, the learned counsel appearing for the petitioner, Ms. S. Sarma, the learned Standing Counsel appearing on behalf of the respondent Nos. 1, 2 and 5 and Ms. M. Barman, the learned counsel appearing on behalf of the respondent No. 3 and 4.

(2.) The case of the petitioner is that the petitioner was running a Dental Clinic namely, M/s Hussain Dental Clinic at Chawk Bazar, Ward No. 12, P.O.- Bilasipara which has been granted provisional registration under Sec. 15 of the Clinical Establishment (Registration and Regulation) Act, 2010 (for short the Act of 2010) on 20/11/2017 and thereafter it was extended from time to time and lastly on 24/12/2020 it was extended for another period.

(3.) Mr. Hussain, the learned counsel appearing on behalf of the petitioner submits that on 19/1/2022 the said provisional registration has been further extended for a period of 1 year from the date of its issue and in that regard he places before this Court a certificate of provisional registration dtd. 19/1/2022 which is kept on record and marked with the Letter 'X'. The further case of the petitioner is that the respondent No. 3 had issued an order dtd. 24/11/2019 by virtue of which it was alleged that the petitioner is illegally running a fake Dental Clinic with fake registration in the name of M/s Hussain Dental Clinic at Chawk Bazar, Ward No. 12, Bilasipara and accordingly had directed the respondent No. 4 to seize all the documents of the said clinic and seal it and accordingly the said Dental Clinic was sealed on 29/10/2019. It is the case of the petitioner that at that relevant point of time when the impugned order was passed and the Dental Clinic of the petitioner was sealed one Dr. Abhijit Banerjee having a BDS decree was the person Incharge. Subsequent thereto one Dr. Mosaddique Mostafa Alom Ahmed had applied to be the person in charge of the Dental Clinic. It is the further case of the petitioner that the respondent No. 3 had issued the impugned order of seizing the documents and sealing the premises without taking into consideration that the petitioner had a provisional registration and that the petitioner's Dental Clinic was manned by the person Incharge who had the required qualification.