IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.11546 OF 2019 (GM-RES) Between:
Dr. Hamza M S/o Late Fakir Mohammed, Aged about 52 years, Indian Clinic, Mini Ibrahim Road, Robertson Pet, K.G.F.-563 122. … Petitioner (By Sri. Naik N.R., Advocate) And:
1. The State of Karnataka, Represented by its Secretary, Health Department, Vikasa Soudha, Bengaluru-560 001.
2. The Commissioner, Department of Health & Family Welfare, Ananda Rao Circle, Bengaluru-560 009.
3. The Chief Executive Officer & Chairman of Registration Committee for Karnataka, Private Medical Establishment, Kolar Zilla Panchayath, Kolar District-561 301.
4. The District Health & Family Welfare Officer, Kolar District, Kolar-561 301.
5. The Registrar, Ayurvedic and Unani, Practitioner Board, Ananda Rao Circle, Bengaluru-560 009.
6. The Taluk Health and Family Welfare Officer, K.G.F. Taluk, Kolar District-561 301. … Respondents (By Smt. Prathima Honnapura, AGA for R-1, 2, 4 and 6, Sri V.N. Murthy Advocate for R-5, Notice to R-3 served and unrepresented) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to direct the R-4 to place the application for registration under the provision of KPME Act, before the R-3 for registration and etc.
This Writ Petition coming on for Preliminary Hearing in ‘B’ Group, this day, the Court made the following:-
ORDER Sri. Naik N.R., learned counsel for the petitioner.
Smt. Prathima Honnapura, learned Additional Government Advocate for respondent Nos.1, 2, 4 and 6.
Sri. V.N. Murthy, learned counsel for respondent No.5.
2. In this petition, the petitioner inter alia seeks for a direction to respondent No.4 to place the application for registration under the provisions of Karnataka Private Medical Establishment Act, before respondent No.3 for registration.
3. When the matter was taken up today, learned counsel for the petitioner submitted that the writ petition may be disposed of with a direction to the competent authority to consider the application 06.03.2019 submitted by the petitioner in accordance with law.
4. On the other hand, learned counsel for the respondents submitted that the application submitted by the petitioner shall be dealt with in accordance with law, if not already decided.
5. In view of the submissions made and in the facts of the case, the writ petition is disposed of with a direction to the competent authority to consider and decide the application submitted by the petitioner for registration under the provisions of Karnataka Private Medical Establishment Act, if not already decided, in accordance with law by a speaking order within a period of two months from the date of receipt of certified copy of the order passed today.
6. It is made clear that this Court has not expressed any opinion on merits of the case.
Accordingly, the writ petition is disposed of.
Sd/- JUDGE Mds/-