Sri. Dr. P Khasim Khan vs The State Of Karnataka
2022 Latest Caselaw 11843 Kant

                             1

       IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 14th DAY OF SEPTEMBER, 2022

                          BEFORE

          THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT

       WRIT PETITION NO.18191 OF 2022 (GM - RES)

BETWEEN:
SRI. DR. P. KHASIM KHAN,
S/O SRI. P. MOULA KHAN,
AGED ABOUT 58 YEARS,
BHARATH CLINIC, PATHAPALYA,
BAGEPALLI TALUK,
CHIKKABALLAPUR - 561 212.
                                             ...PETITIONER
(BY SRI.PRAKASHA M, ADVOCATE)

AND:

1.     THE STATE OF KARNATAKA,
       REPRESENTED BY ITS SECRETARY,
       HEALTH DEPARTMENT,
       VIKASA SOUDHA,
       BANGALORE - 560 001.

2.     THE DEPUTY COMMISSIONER
       AND CHIARMAN OF REGISTRATION
       COMMITTE FOR KARNATAKA
       PRIVATE MEDICAL ESTABLISHMENT,
       CHIKKABALLAPUR DISTRICT,
       CHIKKABALLAPUR - 561 209.

3.     THE DISTRICT HEALTH AND FAMILY
       WELFARE OFFICER,
       CHIKKABALLAPUR DISTRICT,
       CHIKKABALLAPUR - 561 209.

4.     THE MEMBER AND DIRECTOR
       DEPARTMENT OF AYUSH
       KPME COMMITTEE,
       ANAND RAO CIRCLE,
       BANGALORE - 560 009.
                                   2

5.   THE TALUK HEALTH OFFICER,
     BAGEPALLI TALUK,
     CHIKKABALLAPUR DISTRICT - 561 209.
                                               ...RESPONDENTS
(BY SRI.B.V.KRISHNA, AGA)

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE
RESPONDENTS TO CONSIDER THE APPLICATION DATED
14.11.2018 VIDE ANNEXURE - E OF THE PETITIONER FOR
REGISTRATION OF THEIR MEDICAL ESTABLISHMENT WITHIN
TIME BOUND PERIOD AND ETC.

     THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

                                ORDER

The subject matter of this writ petition is substantially

similar to the one in W.P.No.22737/2021 (GM-RES)

between DR.NARAYANA N.S VS. STATE OF KARNATAKA &

OTHERS disposed off by this Court on 13.12.2021, wherein

the operative portion of the judgment reads as under:

"In the above circumstances, this writ petition is disposed off with a direction to the second respondent to consider the subject application of the petitioner expeditiously and in accordance with law.

All contentions are kept open. Maximum period for compliance is there months.

Till a decision is taken on the subject application, petitioner's practice of Medicine shall not be interfered with.

No costs."

2. Learned AGA on request having accepted notice

for the respondents initially opposed the writ petition

contending that for the relief of the kind, a citizen cannot

knock at the doors of Writ Court. Having so contended, now

he fairly agrees to instruct his clients to look into the

grievance of the petitioner as aired in the subject

application in the light of decision in Dr. Narayan's case

supra; this is appreciable.

In the above circumstances, this petition is disposed

off prescribing a period of three months for considering the

petitioner's subject application in accordance with law.

Till such a decision is taken, petitioner's medical

practice shall not be interfered.

No costs.

Sd/-

JUDGE

DS