IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15th DAY OF JULY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.27006/2019 (GM-RES) BETWEEN:
DR.MOHAN KUMAR B.R S/O LATE RAMANNA AGED ABOUT 36 YEARS SURYA NARAYANA CLINIC SIRIGERE CIRCLE HIREBENNUR VILLAGE, CHITRADURGA TALUK CHITRADURGA DISTRICT. ... 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 CHIEF EXECUTIVE OFFICER & CHAIRMAN OF REGISTRATION COMMITTEE FOR KARNATAKA PRIVATE MEDICAL ESTABLISHMENT CHITRADURGA ZILLA PANCHAYATH CHITRADURGA DISTRICT-577 501.
3. THE DISTRICT HEALTH & FAMILY WELFARE OFFICER CHITRADURGA DISTRICT CHITRADURGA-577 501.
4. THE DISTRICT SECRETARY DISTRICT AYUSH OFFICER CHITRADURGA DISTRICT CHITRADURGA-577 501.
5. THE TALUK HEALTH & FAMILY WELFARE OFFICER CHITRADURGA TALUK CHITRADURGA DISTRICT-577 501. ... RESPONDENTS (BY SMT.PRATHIMA HONNAPURE, AGA) THIS W.P IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUITON OF INDIA PRAYING TO DIRECT THE R-2 TO ACCEPT THE APPLICATION FILED FOR REGISTRATION WITHOUT ANY CLARIFICATION FROM THE R-4 AND PLACE THE SAME BEFORE THE R-2 VIDE ANNEXURE-D AND DIRECT THE R-3 TO PLACE THE APPLICATION DTD:27.3.2019 BEFORE THE R-2- COMMITTEE FOR REGISTRATION UNDER THE PROVISION OF K.P.M.E. ACT PRODUCED AT ANNEXURE-D.
THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri.Naik.N.R, learned counsel for the petitioner. Smt.Prathima Honnapure, learned Additional Government Advocate for the respondents.
The petition is admitted for hearing. With the consent of learned counsel for the parties, the same is heard finally.
2. In this petition, the petitioner seeks for a direction to the respondents to consider the application dated 27.03.2019 at Annexure-D for registration of New Private Medical Establishment.
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 respondents to consider the application dated 27.03.2019 submitted by the petitioner in accordance with law.
4. On the other hand, learned Additional Government Advocate for respondents submitted that the application submitted by the petitioner shall be dealt with by the respondents 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 that the respondents shall consider and decide the application submitted by the petitioner, 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 petition is disposed of.
Sd/- JUDGE BNV