LAWS(RAJ)-2013-10-51

STATE OF RAJASTHAN Vs. RAJASTHAN NURSING HOME

Decided On October 31, 2013
STATE OF RAJASTHAN Appellant
V/S
Rajasthan Nursing Home Respondents

JUDGEMENT

(1.) AT the request of the learned Additional Advocate General Mr. G.R. Punia stating urgency, the matter has been taken on Board today.

(2.) THE learned Additional Advocate General submits that this intra -court appeal has been filed against the interim order dated 25.10.2013 passed in CWP No. 12847/2011 in the peculiar and compelling circumstances. According to the learned Additional Advocate General, though the impugned order dated 25.10.2013 has been passed as an interim order and the writ petition remains pending but, for all its effect and purport, the directions as given in the impugned order are rather of granting final relief to the writ -petitioner particularly when a mandatory direction has been issued to the SDO, Bikaner to renew the registration of the writ petitioner within a period of one week; and seizure of the Sonography Machine has been vacated.

(3.) IT is also submitted that though the SDO is now the competent authority to deal with the matter of renewal as per the Notification dated 05.01.2012 (Annexure -R/1) but the concerned SDO has otherwise not been joined as a party in the writ petition.