IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.57800 OF 2018 (GM-RES) BETWEEN:
Dr.Shankara B.S. S/o Sattigowda, Aged about 33 years, Yashashwini Clinic, Bettadhapura, Piriyapattana Taluk, Mysuru District – 571 102.
(By Sri.M.Prakasha, Advocate for Sri.N.R.Naik, Advocate) AND:
1. The State of Karnataka, Represented by its Secretary, Health Department, Vikasa Soudha, Bengaluru – 560 001.
… Petitioner 2. The Chief Executive Officer and Chairman of Registration Committee for Karnataka Private Medical Establishment, Mysuru District – 570 001.
3. The District Health and Family Welfare Officer, Mysuru District – 570 001.
4. The District Secretary, District Ayush Officer, Mysuru District – 570 001.
(By Sri.Srineedhi, 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 dated 09.12.2018 before R-2 Committee for Registration under the provision of K.P.M.E Act vide Annexure-F and etc.
This Petition coming on for Preliminary Hearing this day, the Court made the following:-
ORDER Sri.M. Prakasha, learned counsel for Sri. N.R. Naik, learned counsel for the petitioner.
Sri. Srineedhi, learned AGA for respondents.
Petition is admitted for hearing. With the consent of the parties, it is heard finally.
2. In this petition, petitioner interalia seeks a direction to respondent No.3 to place his application dated 09.12.2018 before respondent No.2 – Committee for registration under the provisions of the Karnataka Private Medical Establishment Act, 2007, (hereinafter referred to as ‘the Act’ for short) and to register the petitioner under the provisions of the said Act.
3. When the matter was taken up today, learned counsel for the petitioner submits that he has already filed an application before the competent authority and the competent authority be directed to consider the application submitted by the petitioner for registration under the provisions of the aforesaid Act.
4. On the other hand, learned AGA points out that there is no material on record to show that such an application has been submitted by the jurisdictional competent authority. However, he fairly submitted that in case such an application is submitted before the jurisdictional competent authority, it shall be dealt with in accordance with law.
5. In view of the submissions and taking note of the order passed by the Co-ordinate Bench in W.P.Nos.37801-37804/2014 disposed of on 05.08.2014, writ petition is disposed of with liberty to the petitioner that in case he files an application for registration under the provisions of the said Act afresh within a period of one week from the date of receipt of certified copy of the order passed today, jurisdictional competent authority shall pass a speaking order in accordance with law within a period of one month therefrom.
Accordingly, writ petition is disposed of.
Sd/- JUDGE Mds/-