Dr Shreemanth Siddappa Kolkur vs State Of Karnataka
2023 Latest Caselaw 2882 Kant

                                             -1-
                                                          WP No. 817 of 2023




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                            DATED THIS THE 5TH DAY OF JUNE, 2023
                                          PRESENT
                             THE HON'BLE MR JUSTICE G.NARENDAR
                                             AND
                            THE HON'BLE MR JUSTICE C.M. POONACHA
                           WRIT PETITION NO. 817 OF 2023 (S-KSAT)


                   BETWEEN:

                   DR. SHREEMANTH SIDDAPPA KOLKUR,
Digitally signed   MBBS, DOMS,
by C HONNUR        S/O SIDDAPPA KOLKUR,
SAB
                   AGED 59 YEARS,
Location: High
Court of           SENIOR OPHTHALMOLOGIST,
Karnataka          CHIGATERI DISTRICT HOSPITAL,
                   DAVANAGERE - 577 001.
                                                                ...PETITIONER
                   (BY SRI. SHRIDHAR PRABHU., ADVOCATE)
                   AND:

                   1.    STATE OF KARNATAKA
                         DEPARTMENT OF HEALTH
                         AND FAMILY WELFARE
                         VIKAS SOUDHA
                         BENGALURU - 560 001
                         REPRESENTED BY ITS UNDER
                         SECRETARY TO GOVERNMENT

                   2.    COMMISSIONER
                         DEPARTMENT OF HEALTH AND
                         FAMILY WELFARE SERVICES,
                         MAGADI ROAD,
                         BENGALURU - 560 023.
                               -2-
                                           WP No. 817 of 2023




3.   DR. SHANMUKHAPPA S,
     AGED 52 YEARS
     DISTRICT SURGEON
     CHIGATERI DISTRICT HOSPITAL,
     DAVANGERE - 577 001.
                                               ...RESPONDENTS
(BY SMT. SHILPA S.GOGI, HCGP FOR R1 & R2,
 SRI. V.R.SARATHY, ADVOCATE FOR R3)


     THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF
CERTIORARI OR ANY OTHER WRIT ORDER OR DIRECTION TO
QUASH THE JUDGMENT DATED 23.11.2022 PASSED BY THE
KAT IN A.No-905/2022 PRODUCED AT ANNEXURE-A ETC.

     THIS PETITION, COMING ON FOR HEARING ON
INTERLOCUTORY APPLICATION, THIS DAY, POONACHA J.,
MADE THE FOLLOWING:

                            ORDER

Heard the learned counsel for the petitioner and the

learned AGA for respondents No.1 and 2.

2. Pursuant to the interim order dated 17.02.2023 the

respondent No.2 has filed an affidavit dated 02.06.2023 placing

on record that consequent to the order dated 17.02.2023 the

respondent No.3 was restrained from working as District

Surgeon and his charge has been shifted to Dr. Subash

Chandra vide O.M. dated 27.02.2023. That respondent No.3

has been transferred as Surgeon to the District Hospital, Haveri

on 18.03.2023.

WP No. 817 of 2023

3. The explanation offered in the said affidavit dated

02.06.2023 as to the delay in complying to the order dated

17.03.2023, is accepted.

4. It is also forthcoming that the petitioners are not

qualified to hold the post of District Surgeon.

5. In view of the statement made in the affidavit,

nothing survives for consideration and the present petition is

accordingly disposed off as having been rendered infructuous.

In view of disposal of the petition, interlocutory

application if any, does not survive for consideration and is

accordingly disposed off.

Sd/-

JUDGE

Sd/-

JUDGE