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Patna High Court

Niraj Kumar Singh @ Shri Niraj KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

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/-

U


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