IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.56206 OF 2018(GM-RES) Between:
Sri. Chandrashekariah Math @ Chandrashekarayya Math S/o. Rachayya Math, Aged about 37 years, Narayana Health Care Centre, Masthi Main Road, Malur Taluk-563 130.
(By Sri.C.M.Kumar Ram, Advocate) And:
1. State of Karnataka By its Secretary Health Department, M.S.Building, Bengaluru-560 001.
… Petitioner 2. The Deputy Commissioner And Chairman for Registration and Grievance Redressal Authority Karnataka Private Medical Establishments Act, Kolar District, Kolar-563 101.
3. Member Secretary For Karnataka Private Medical Establishment Local Inspection Committee/ Taluk Health Officer, Malur Taluk, Malur-563 130, Kolar District.
…Respondents (By Smt. Prathima Honnapura, AGA) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to set aside the impugned notice dated 30.11.2018 issued by the respondent No.4 (Annexure-A) the Member Secretary KPME and Local Inspection Committee/ Taluk Health Office from initiating any coercive action against the petitioner and etc., This Writ Petition coming on for Preliminary Hearing in ‘B’ Group, this day, the Court made the following:-
ORDER Sri.C.M.Kumar Ram, learned counsel for the petitioner.
Smt.Prathima Honnapura, learned Additional Government Advocate for respondents.
2. The petition is admitted for hearing. With the consent of learned counsel for the parties, the same is heard finally.
3. In this petition, the petitioner has assailed the validity of the Notice dated 30.11.2018 issued by respondent No.3.
4. When the matter was taken up today, learned counsel for the petitioner submitted that the impugned Notice has been issued to the petitioner in contravention to the order dated 29.11.2016 passed in W.P.No.56954/2016 and W.P.No.59333/2016 inasmuch, as without deciding the application submitted by the petitioner, the impugned Notice has been issued.
5. On the other hand, learned Additional Government submitted that suitable action on the application submitted by the petitioner shall be taken in accordance with law.
6. In view of the submissions made and taking into account the fact the impugned Notice has been issued in violation of the order dated 29.11.2016 passed in W.P.No.56954/2016 and W.P.No.59333/2016, the impugned Notice is hereby quashed and set aside and the respondents are directed to decide the application submitted by the petitioner by a speaking order as expeditiously as possible within a period of two months from today.
Accordingly, the writ petition is disposed of.
Sd/- JUDGE dn/-