IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO. 11545/2019 (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.-563122 …PETITIONER (BY SRI. N R NAIK, ADVOCATE) AND:
1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, HEALTH DEPARTMENT, VIKASA SOUDHA, BENGALURU-560001 2. THE CHIEF EXECUTIVE OFFICER & CHAIRMAN OF REGISTRATION COMMITTEE FOR KARNATAKA PRIVATE MEDICAL ESTABLISHMENT, KOLAR DISTRICT, KOLAR-563101 3. THE DISTRICT HEALTH AND FAMILY WELFARE OFFICER KOLAR DISTRICT, KOLAR-563101 4. THE DISTRICT SECRETARY DISTRICT AYUSH OFFICER, KOLAR DISTRICT, KOLAR-563101 5. THE TALUK HEALTH AND FAMILY WELFARE OFFICER K.G.F. TALUK, KOLAR DISTRICT, KOLAR-563101 (BY SRI. Y D HARSHA, AGA) …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-3 TO PLACE THE APPLICATION FOR REGISTRATION IN COMMUNITY MEDICAL SERVICES AS PER THE REGISTRATION CERTIFICATE ISSUED BY THE AUTHORITIES AND THE SAME MAY BE ACCEPTED FOR REGISTRATION BEFORE THE COMMITTEE HEADED BY R-2 VIDE ANNEXURE-E AND ETC., THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Mr. N.R.Naik, learned counsel for the petitioner. Mr. Y.
D. Harsha, learned Additional Government Advocate for respondents.
2. The writ petition is admitted for hearing. With the consent of the parties, the matter is heard finally.
3. In this petition under Article 227 of the Constitution of India, the petitioner inter alia seeks a writ of mandamus directing the respondent No.4 to place the application for registration under the provisions of the Karnataka Private Medical Establishment Act, 2007 before the 3rd respondent.
4. In view of the prayer made by the learned counsel for the petitioner, learned Additional Government Advocate submits that on the application to be submitted by the petitioner, suitable action in accordance with law shall be taken.
5. In view of the submissions made and in view of the prayer made in the writ petition, petition is disposed of with a direction that in case the petitioner submits a fresh application to the 4th respondent, the 4th respondent shall place it before the 3rd respondent and the 3rd respondent shall consider the said application for registration in accordance with law by passing a speaking order within a period of four weeks from the date of receipt of a copy of this order.
It is made clear that this Court has not expressed any opinion on the merits of the case. Accordingly, the petition is disposed of.
Sd/- JUDGE Snb/