Petitioner sought a writ directing registration committee to consider his medical establishment application under Karnataka Private Medical Establishment Act 2007 without requiring clarification.
Directed the 2nd respondent to take action on petitioner's application dated 01.02.2022 under the Act as expeditiously as possible.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF MARCH, 2022
BEFORE
THE HON' BLE MR. JUSTICE S.G. PANDIT
WRIT PETITION No.4442/2022 (GM-RES)
BETWEEN:
DR. NITYAJEEVANA RAO G. S/O PRASADA RAO G. AGED ABOUT 51 YEARS “PRASHANTH CLINIC” ROJORHALLI CROSS DALASANUR, SRINIVASAPUR KOLAR DISTRICT-561301.
...PETITIONER
(BY SRI N.R.NAIK, ADV.)
AND:
2
…RESPONDENTS
(BY SMT. A.R.SHARADAMBA, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R2 TO ACCEPT THE APPLICATION DATED 02.02.2022 FILING FOR REGISTRATION WITHOUT ANY CLARIFICATION FROM THE R4 AND PLACE THE SAME BEFORE THE R2, WHICH IS PRODUCED AT ANNEXURE-F AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R
Learned AGA accepts notice for respondents
1 to 5.
and is running a clinic in the Alternative System of Medicine under the name and style of “Prashanth Clinic” at Srinivasapur Taluk, Kolar District. The petitioner is said to have submitted application for registration as required under Section 3 of the
3
Karnataka Private Medical Establishment Act 2007 (for short ‘the Act’ ), to the 3rd respondent as per AnnexureF. On receipt of the application, the application shall be considered under Section 7 of the Act. This Court in similar writ petition in W.P.No.62158/2016 dated 31.01.2017 directed the District Health and Family Welfare Officer to consider the application expeditiously not later than three months from the date of receipt of a copy of the order.
indicates that the petitioner submitted application for registration as required under Section 3 of the Act to the 3rd respondent by registered post. The 3rd respondent is required to consider the application of the petitioner in accordance with the provisions of the Act and place the
4
application of the petitioner before the 2nd respondentCommittee. Therefore, it is appropriate to direct the 2nd respondent to take action in accordance with the provisions of the Act.
With the above observation, the writ petition stands disposed of.
NG* CT:bms
1 issue framed by the court
Whether the respondent authorities are directed to consider the petitioner's application for registration under the Karnataka Private Medical Establishment Act 2007
Colour shows how this judgement treated each authority
W.P.No.62158/2016 dated 31.01.2017Referred¶29
W.P.No.62158/2016
Dr. Nityajeevana Rao G.
The State of Karnataka
The Deputy Commissioner and Chairman of Registration Committee for Karnataka Private Medical Establishment Kolar District
The District Health & Family Welfare Officer Kolar District
The District Secretary District AYUSH Officer Kolar District
The Taluk Health Officer Hassan Government Hospital Srinivasapur Taluk Kolar District
S.G. Pandit
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
