IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.19779 OF 2019 (GM-RES) BETWEEN:
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.
... Petitioner (By Smt.Rattihalli Geetha Veeranna, Advocate) AND:
1. The State of Karnataka, Rep 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.
... 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 respondent No.3 to open legally the sealed lock of (Annexure-F) Harika Clinic, Kempapura Village, K.G.F Taluk and District – 563 126 and permit the petitioner 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 Smt.Rattihalli Geetha Veeranna, 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.3 to open legally the sealed lock of Harika Clinic, Kempapura Village, K.G.F. Taluk and District and permit the petitioner without any interference.
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 the respondent No.3 to consider the representation dated 10.01.2019 submitted by the petitioner in accordance with law.
4. On the other hand, learned Additional Government Advocate for respondents submitted that the representation 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.3 shall consider and decide the representation 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 dn/-