IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JULY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.30149 OF 2019 (GM-RES) BETWEEN:
G.R.CHANDRASHEKAR, S/O.G.M.RAM MURTHY, AGED 64 YEARS, R/AT SHANTHI NAGAR, 8TH CROSS, ABHAYA ANJANEYA SWAMY TEMPLE ROAD, KOLAR TALUK, KOLAR DISTRICT – 563 130.
(BY SRI. SHAIJU KUMAR, ADVOCATE) AND:
1. THE STATE OF KARNATAKA, REP. BY CHIEF SECRETARY, DEPARTMENT OF HEALTH AND ... PETITIONER FAMILY WELFARE, VIKASA SOUDHA, BENGALURU – 560 001.
2. THE REGISTRATION AND GRIEVANCE, REDRESSAL AUTHORITY, KOLAR DISTRICT, KOLAR – 561 301.
3. THE DEPUTY COMMISSIONER KOLAR DISTRICT, KOLAR – 561 301.
4. THE DISTRICT HEALTH AND FAMILY WELFARE OFFICER, KOLAR DISTRICT, KOLAR – 561 301.
5. THE DISTRICT SECRETARY DISTRICT AYUSH OFFICER, KOLAR DISTRICT – 561 301.
... RESPONDENTS (BY SMT. PRATHIMA HONNAPURA, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-4 TO CONSIDER HIS APPLICATION FILED FOR REGISTRATION OF HIS CLINIC UNDER K.P.M.E ACT, 2007 DTD:31.1.2019 [ANNEXURE-F] AND REGISTERS HIS ESTABLISHMENT AS PER LAW AND ETC., THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri. Shaiju Kumar, learned counsel for the petitioner.
Smt. Prathima Honnapura, learned Additional Government Advocate for 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 respondent No.4 to consider his application filed for registration of his Clinic under the Karnataka Private Medical Establishments Act, 2007 dated 31.01.2019 contained in Annexure-F and register his establishment as per law.
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 respondent No.4 to consider the application filed by the petitioner for registration of his Clinic under the Karnataka Private Medical Establishments Act, 2007 dated 31.01.2019 contained in Annexure-F and register his establishment.
4. On the other hand, learned Additional Government Advocate for respondents submitted that the application submitted by the petitioner shall be dealt with 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 respondent No.4 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 Mds/-