Patna High Court
Niraj Kumar Singh @ Shri Niraj KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- A ABHISHEK REDDY
Holding
The court ordered the unsealing of the premises to allow the petitioner to seek licence renewal, but barred any operation until the licence is renewed.
Summary
The petitioner, Niraj Kumar Singh, operating Manshi Ultrasound in Banka, challenged the sealing of his premises on 04‑03‑2025, alleging it was done without legal basis and in violation of the PC&PNDT Act. He sought a writ of mandamus to unseal the premises and to quash any prosecution under the Act. The court noted that the petitioner’s license had expired on 24‑03‑2026 and that the seal was therefore not justified. It directed the respondents to unseal the premises to enable the petitioner to apply for renewal, while prohibiting any diagnostic activity until such renewal is granted. The order was to be complied with within three weeks, and the writ petition was thereafter disposed.
Issues considered
- Whether the sealing of the ultrasound centre was lawful under the Pre‑conception and Pre‑natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994.
- Whether the petitioner is entitled to a writ of mandamus directing unsealing of the premises.
- Effect of the expiry of the petitioner’s licence on the legality of the seal and on the entitlement to resume operations.
Legislation cited
Subjects
- ultrasound centre
- PC&PNDT Act
- sealing of premises
- mandamus
- licence renewal
- health department
- writ petition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.15443 of 2025
======================================================
Niraj Kumar Singh @ Shri Niraj Kumar Son of Late Satyendra Prasad Singh,
Resident of village- Rotakhem, P.S.- Saur Bazar, District- Saharsa, Proprietor
of Manshi Ultrasound, C/o. Dr. Anjani Kumar Mishra, Thana Road Amarpur,
P.S. Banka, District- Banka.
... ... Petitioner/s
Versus
1. The State of Bihar through The Principal Secretary, Department of Health,
Government of Bihar, Patna.
2. The Principal Secretary, Department of Health, Government of Bihar, Patna.
3. The District Magistrate, Banka.
4. The Sub-Divisional Officer, Banka.
5. The Sub-Divisional Police Officer, Banka.
6. The Civil Surgeon - Chief Medical Officer, Banka.
7. The Incharge Medical Officer, Referral Hospital, Amarpur, District- Banka.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bibhakar Tiwary
For the Respondent/s : Mr. Government Advocate (11)
======================================================
CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
ORAL ORDER
10 01-07-2026 Heard the learned counsel for the parties.
The present writ petition has been filed for the
following relief(s):-
“(i) To issue an appropriate writ preferably
in the nature of Mandamus commanding upon the
Respondent Authority to unseal the business premises of
the petitioner namely Manshi Ultrasound, Amarpur,
Banka bearing Registration No. 31 of 2021 which has
been erroneously sealed on 04.03.2025 without any legal
basis.
(ii) To hold and declare that the initiation of
prosecution against the petitioner and putting seal on the
Manshi Ultrasound, Amarpur, Banka bearing Registration
No. 31 of 2021 is in teeth of the provisions contained
under The Pre-conception and Pre-natal Diagnostic
Techniques (Prohibition of Sex Selection) Act, 1994
(hereinafter referred to as PC & PNDT Act).
Patna High Court CWJC No.15443 of 2025(10) dt.01-07-2026
2/2
(iii) To grant any other relief(s) for which
the petitioner may be found entitled to in the facts and
circumstances of the case.”
3. A perusal of the documents reveal that the license
of the petitioner for running of the Ultrasound Center has
expired on 24.03.2026.
4. Having regard to the same, the respondents are
directed to unseal the said premises to enable the petitioner to
apply for renewal of his license, if any such application is filed,
the same shall be considered in its own merits in accordance
with law. It is made clear that the petitioner shall not undertake
any kind of activity in the said premises unless and until his
license has been renewed by the authority concerned. The
authority shall do the needful as expeditiously as possible
preferably within a period of three weeks from the date of
receipt of receipt of a copy of this order.
5. With the above direction, the present writ petition
stands disposed of.
(A. Abhishek Reddy, J)
Ayush/-
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