IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7th DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION NO.6035 OF 2019 (GM-RES) Between:
Dr. Mahesh Murthy.T.M, S/o Sri.T.Madaiah, Aged about 35 years, Ugama Paramparika Ayurveda Arogya Kendra, No.1004, Near Panchamuki Ganapathi Temple, J.C.Road, Channapatna, Ramanagara District-562160. ... Petitioner (By Sri. Sharath.S.Gowda, Advocate) And:
1. The State of Karnataka, Rep By Chief Secretary, Department of Health & Family Welfare, Vikasa Soudha, Bengaluru-560001.
2. The Director, Department of Health & Family Welfare Service, Anand Rao Circle, Bengaluru-560009.
3. Karnataka Ayurvedic and Unani Practitioners Board, Brigade Plaza, Anand Rao Circle, Gandinagar, Bengaluru-560009.
Represented by its Registrar.
4. The District Health & Family Welfare Officer, Health Department, Ramanagara, Ramanagara District-562160.
5. Taluk Health & Family Welfare Officer, Channapatana Taluk, Ramanagara District-562160. ... Respondents (By Sri.Y.D.Harsha, AGA) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to direct the respondents to consider the application filed by the petitioner for registration of his medical establishment within a time bound period vide Annexure-D and direct the respondents not to interfere in petitioner's practice at his medical establishment unless his application is considered in accordance with law after giving notice.
This Writ Petition coming on for Orders, this day, the court made the following:
O R D E R Mr.Sharath S.Gowda, learned Counsel for the petitioner.
Mr. Y.D.Harsha, learned Additional Government Advocate for the respondents.
Petition is admitted for hearing. With the consent of the parties, the same is heard finally.
2. In this petition under Articles 226 and 227 of the Constitution of India, petitioner interalia seeks a writ of mandamus directing respondents to consider the application contained in Annexure-E, submitted by the petitioner for registration of his Medical establishment in a time bound manner.
3. When the matter was taken up, learned counsel for the petitioner submitted that the petitioner is the Medical Practitioner practicing in various medical science. The petitioner has given application to respondent No.4 for registration of a new medical establishment. However, the aforesaid application has not yet been considered. It is further submitted that writ petition be disposed of with a direction to respondent No.4, namely, District Health and Family Welfare Officer, Health Department, Ramanagara, to consider the application submitted by the petitioner by a speaking order in a time bound manner.
4. On the other hand, learned Additional Government Advocate submits that suitable order on application submitted by the petitioner shall be passed in accordance with law.
5. In view of the aforesaid submissions and in the facts of the case, writ petition is disposed of with a direction to respondent No.4 to consider the application submitted by the petitioner by a speaking order within a period of four weeks from the date of receipt of certified copy of the order passed today.
It is made clear that this Court has not expressed any opinion on the merits of the case.
Sd/- JUDGE akc/-