IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.45368 OF 2017 (GM-RES) BETWEEN:
DR. VIJAYA RAGHAVENDRA H. L. S/O LATE LINGA SHETTY, AGED ABOUT 34 YEARS PROPRIETOR:SRI SAIGANGA SCANNING & DIAGNOSTIC CENTRE, 2ND MAIN, GANDHINAGARA, TUMKUR-572102 … PETITIONER (BY SRI.J.PRAKASH, ADV.) AND:
1. THE GOVERNMENT OF KARNATAKA HEALTH AND FAMILY WELFARE DEPARTMENT, REPRESENTED BY ITS UNDER SECRETARY TO GOVERNMENT, VIKASA SOUDHA, DR B.R.AMBEDKAR VEEDHI, BANGALORE-560001.
2. THE DISTRICT HEALTH OFFICER HEALTH FAMILY WELFARE DEPARTMENT, (APPROPRIATE AUTHORITY UNDER PRE CONCEPTION AND PRENATAL DIAGNOSTIC TECHNIQUES ACT 1994.) TUMKUR-572102 … RESPONDENTS (BY SRI.Y.D.HARSHA, ADDITIONAL GOVERNMENT ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-2 TO RECONSIDER ENDORSEMENT DATED:15.09.2017 AT ANNEXURE-G AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri.J.Prakash, learned counsel for the petitioner.
Sri.Y.D.Harsha, learned Additional Government Advocate for the respondents.
2. The petition is admitted for hearing. With consent of the learned counsel for the parties, the same is heard finally.
3. In this petition, the petitioner inter alia seeks for a direction to the respondent No.2 to reconsider the endorsement dated 15.09.2017 vide Annexure-G and also seeks a direction to reconsider the petitioner’s request – renewal application for registration of a ultrasound clinic dated 31.8.2017 vide Annexure-B.
4. After hearing the learned counsel for the parties and in view of the facts of the case, the petition is disposed of with a direction to the respondent No.2 to consider the renewal application submitted by the petitioner in accordance with law by a speaking order within three months from the date of receipt of certified copy of the order passed today. Interim order, if any, shall continue. It is made clear that this Court has not expressed any opinion on the merits.
Sd/- JUDGE RV