IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.6928 OF 2019 (GM-RES) BETWEEN:
Hydar Sab, S/o Nabi Sab, Aged 68 years, Residing at.Lakshmipura, Srinivaspura Taluk, Kolar District – 563135. … Petitioner (By Sri.Shaiju Kumar, Advocate) AND:
1. The State of Karnataka Rep. by Chief Secretary, Department of Health & Family Welfare, Vikasa Soudha, Bengaluru – 560001.
2. The Registration and Grievance Redrassal Authority, Rep. by Chairman, Kolar District, Kolar – 561301.
3. The Deputy Commissioner, Kolar District, Kolar – 561301.
4. The District Health & Family Welfare Officer, Kolar District, Kolar – 561301.
5. The District Secretary, District Ayush Officer, Kolar District – 561301.
(By Sri.Y.D.Harsha, AGA) … Respondents This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to direct the respondent No.4 to open legally the sealed lock of Bismilla Clinic at Lakshmipura Village and Post, Srinivasapura Taluk, Kolar and permit the petitioner to practice without any interference and etc.
This Petition coming on for Preliminary Hearing, this day, the Court made the following:-
ORDER Mr. Shaiju Kumar, learned counsel for the petitioner.
Mr.Y.D.Harsha, 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 under Articles 226 and 227 of the Constitution of India, petitioner inter alia seeks a writ of mandamus directing respondent No.4 to open legally the sealed lock of Bismilla Clinic at Lakshmipura Village and Post, Srinivasapura Taluk, Kolar and permit the petitioner to practice without any interference and also to consider him for suitable registration under the Karnataka Private Medical Establishment Act, 2007 as per the latest amendments and regularize his profession as a doctor of Homeopathy and Yoga and naturopathy and Paramedical for running the clinic in the said locality.
3. When the matter was taken up today, learned counsel for the petitioner submitted that the petitioner is a Medical Practitioner in the field of Para medicine, Homeopathic medicine and Naturopathic medicine. It is also submitted that the petitioner may be permitted to make an application to respondent No.4 seeking to open the clinic legally run by him. It is further submitted that the writ petition be disposed of with a direction to respondent No.4, namely, the District Health and Family Welfare Officer, Kolar District, Kolar to consider the representation to open the sealed lock of Bismilla Clinic legally run by the petitioner.
4. On the other hand, learned Additional Government Advocate submits that in case, such a representation is submitted by the petitioner, suitable orders shall be passed in accordance with law.
5. In view of the aforesaid submissions and in the facts of the case, the writ petition is disposed of with a direction to respondent No.4 to decide such representation, submitted by the petitioner by a speaking order within a period of three weeks from the date of receipt of certified copy of the order passed today.
It is made clear that this Court has not expressed any opinion on the merits of the case.
Sd/- JUDGE dn/-