THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JANUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NOS.1791-1793 OF 2019 (GM-RES) BETWEEN:
1. Sri. K.V. Shiva Kumar S/o K. Venkatappa, Aged about 44 years, R/o Shiva Clinic Muduvadi Village, Kolar Taluk & District – 563 126 2. Sri. K. Dwarakanath Reddy, S/o K. Raghavareddy, Aged about 34 years, R/o Likitha Clinic, Ojala Halli, Somayajalhalli, Srinivaspur Taluk, Kolar District – 563 135.
3. Sri. Reddy Appala Naidu, S/o Appalaswamy Naidu, Aged about 45 years, R/o Harika Clinic, Kempapura Village, K.G.F Taluk & District – 563 126. (By Sri. Rattihalli Geetha, Advocate) … Petitioners AND:
1. The State of Karnataka, Represented by Chief Secretary Department of Health & Family Welfare Vikas Soudha, Bengaluru – 560 001.
2. Director, Department of Health & Family Welfare, Welfare Service, Anand Rao Circle, Bengaluru – 560 009.
3. District Health & Family Welfare Services, Health Department, Kolar Rep By its District Health Officer, Kolar – 563 126.
… Respondents (By Sri. Y.D. Harsha, AGA) These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India, praying to direct the respondents to consider the application vide Annexures D1, D2 and D3 dated 09.01.2019 and 10.01.2019 respectively of the petitioners for registration of their medical establishment within time bound period and etc.
These Petitions coming on for Preliminary Hearing this day, the Court made the following:-
ORDER Sri. Rattihalli Geetha, learned counsel for the petitioners.
Sri. Y.D. Harsha, learned AGA for the respondents.
Petitions are admitted for hearing. With the consent of the parties, the same is heard finally.
2. In these petitions under Articles 226 and 227 of the Constitution of India, petitioners interalia seek a writ of mandamus directing respondents to consider the application contained in Annexures D1, D2 and D3 submitted by the petitioners for registration of their Medical establishment in a time bound manner.
3. When the matter was taken up, learned counsel for the petitioners submitted that the petitioners are the Medical Practitioners practicing in various medical science. The petitioners have given representations to respondent No.3 for consideration of registration of a new medical establishment. However, the aforesaid representations have failed to evoke any response. It is further submitted that writ petition be disposed of with a direction to respondent No.3, namely, District Health and Family Welfare Services, Health Department, Kolar, to decide the representations submitted by the petitioners by a speaking order in a time bound manner.
4. On the other hand, learned AGA submits that suitable orders on applications submitted by the petitioners shall be passed in accordance with law.
5. In view of the aforesaid submissions and in the facts of the case, writ petitions are disposed of with a direction to respondent No.3 to decide the representations submitted by the petitioners by a speaking order within a period of four 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 Mds/-