IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 01ST DAY OF APRIL 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.53463 OF 2018 (GM-RES) BETWEEN:
DR MOULASABI K S/O SRI MOHAMMAD KHASIM SABI AGED ABOUT5 44 YEARS, YAARAB CLINIC HAMPASANDRA GUDIBANDE TALUK CHIKKABALLAPUR DISTRICT-561209 … PETITIONER (BY MR.NAIK.N.R., ADV.) AND:
1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY HEALTH DEPARTMENT VIKASA SOUDHA BANGALORE-560 001 2. THE CHIEF EXECUTIVE OFFICER AND CHAIRMAN OF REGISTRATION COMMITTEE FOR KARNATAKA PRIVATE MEDICAL ESTABLISHMENT CHIKKABALLAPURA DISTRICT-561209 3. THE DISTRICT HEALTH & FAMILY WELFARE OFFICER CHIKKABALLAPURA DISTRICT-561209 4. THE DISTRICT SECRETARY DISTRICT AYUSH OFFICER CHIKKABALLAPURA DISTRICT-561209 … RESPONDENTS (BY MR.Y.D.HARSHA, ADDITIONAL GOVERNMENT ADVOCATE) - - -
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-3 TO PLACE THE APPLICATION DATED:12.11.2018 BEFORE R-2 COMMITTEE FOR REGISTRATION UNDER THE PROVISIONS OF K.P.M.E. ACT VIDE ANNEXURE-G AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER In this petition, the petitioner is seeking for a writ of mandamus directing the third respondent to place the application dated 12.11.2018 before second respondent Committee for registration under the provision of K.P.M.E. Act contained in Annexure-G.
3. Accordingly, the writ petition is disposed of with a liberty to the petitioner that in case a representation is made with regard to his grievance raised in the petition to the competent authority, the same shall be decided by the competent authority by a speaking order within a period of six weeks from the date of receipt of such a representation. 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 SS