IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.35767 OF 2019(GM-RES) BETWEEN:
RAJU GEORGE S/O. K. M. GEORGE, AGED 47 YEARS, RESIDING AT KARUNYA NILAYA, 1ST CROSS, GUL PET, KOLAR TALUK, KOLAR DISTRICT-563 101.
(BY SRI.SHAIJU KUMAR, ADVOCATE) … PETITIONER AND:
1. THE STATE OF KARNATAKA REP. BY CHIEF SECRETARY, DEPARTMENT OF HEALTH & 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 & FAMILY WELFARE OFFICER KOLAR DISTRICT, KOLAR-561 301.
5. THE DISTRICT SECRETARY DISTRICT AYUSH OFFICER, KOLAR DISTRICT-561 301.
(BY SRI.B.BALAKRISHNA, AGA) …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-4 TO OPEN LEGALLY THE SEALED LOCK OF (ANNEXURE-C) SONU CLINIC, VAKKALERI, KOLAR AND PERMIT THE PETITIONER TO PRACTICE WITHOUT ANY INTERFERENCE IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr. Shaiju Kumar, learned counsel for the petitioner.
Mr. B.Balakrishna, 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 (Annexure-C) Sonu Clinic, Vakkaleri, 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 Ayush, Ayurvedic & Unani 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, Ayurvedic & Unani and Ayush 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 Sonu 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 such application.
It is made clear that this Court has not expressed any opinion on the merits of the case.
Sd/- JUDGE dn/-