IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION NO.35597/2019 (GM-RES) BETWEEN:
D.BALAJI SINGH S/O. D.ESWARA SINGH AGED ABOUT 48 YEARS R/AT. RAYALA PADU RAYALAPADU POST-563134 SRINIVASAPUR TALUK KOLAR DISTRICT …PETITIONER (BY SRI.CHETHAN A.C., ADVOCATE) AND:
1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF HEALTH AND FAMILY WELFARE VIKASA SOUDHA BENGALURU – 560001 2. THE CHIEF EXECUTIVE OFFICER AND CHAIRMAN OF REGISTRATION COMMITTEE KARNATAKA PRIVATE MEDICAL ESTABLISHMENT KOLAR DISTRICT KOLAR – 561301 3. THE DEPUTY COMMISSIONER KOLAR DISTRICT, KOLAR-561301 4. THE DISTRICT HEALTH AND FAMILY WELFARE OFFICER KOLAR DISTRICT KOLAR (BY SRI. B.BALAKRISHNA, AGA) …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-4 NOT TO INTERFERE IN THE RUNNING OF SRI VINAYAKA CLINIC SITUATED AT RAYALA PADU VILLAGE, SRINIVASAPUR TALUK, KOLAR DISTRICT AND PERMIT THE PETITIONER TO PRACTICE WITHOUT ANY INTERFERENCE AND ETC., THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Sri.Chethan A.C., learned counsel for the petitioner.
Sri.B.Balaskrishna, AGA for respondents.
The petition is admitted for hearing. With the consent of both parties, the same is heard finally.
2. In this petition, the petitioner inter-alia seeks for a writ of mandamus directing respondent No.4 not to interfere and prevent the petitioner from running the clinic at Rayalapadu Village, Srinivasapur Taluk, Kolar District and to permit the petitioner to practice without any interference.
3. When the matter was taken up today, learned counsel for the petitioner submitted that the petitioner has applied for registration of his clinic by name Sri Vinayaka Clinic as a new private Medical Establishment on 25.07.2019 to respondent No.4. The petitioner has obtained Diploma in Community Medical Services with Essential Drugs on 15.03.2015. On 20.03.2019, the petitioner was registered as Community Medical Services Practitioner. However, unilaterally without affording any opportunity of hearing to the petitioner, the District Health and Family Welfare Officer of Kolar, is preventing the petitioner to run the clinic.
4. Learned counsel for the petitioner submitted that the writ petition be disposed of with liberty to the petitioner to submit a representation to the competent authority and the aforesaid authority be directed to decide the representation submitted by the petitioner by a speaking order, after affording an opportunity of hearing to her.
5. On the other hand, learned Government Advocate submitted that in case such a representation is submitted by the petitioner, the same shall be dealt with in accordance with law.
6. In view of the aforesaid submissions and in the facts of the case, the writ petition is disposed of with liberty to the petitioner that in case he submits a representation to the competent authority within a period of one week from the date of receipt of the certified copy of the order passed today, the competent authority shall pass a speaking order after affording an opportunity of hearing to the petitioner within a period of three weeks from the date of receipt of such a representation.
Sd/- JUDGE HJ