Citation : 2024 Latest Caselaw 26461 Kant
Judgement Date : 6 November, 2024
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NC: 2024:KHC:44742-DB
WP No. 1313 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF NOVEMBER, 2024
PRESENT
THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE
AND
THE HON'BLE MR JUSTICE K. V. ARAVIND
WRIT PETITION NO. 1313 OF 2024 (GM-RES) PIL
BETWEEN:
1. SRI GURUNATH VADDE
S/O VAJINATH VADDE
AGED ABOUT 56 YEARS
SOCIAL WORKER
R/O JANASEVA ASHRAMA
BHAVANI BIJALAGAON - 585 443
KAMALANAGAR TALUK
BIDAR DISTIRCT
...PETITIONER
(BY SRI. J. R. MOHAN, ADVOCATE)
AND:
Digitally
signed by 1. THE STATE OF KARNATAKA
AMBIKA H B REP. BY ITS PRINCIPAL SECRETARY
TO THE GOVERNMENT
Location: DEPARTMENT OF HEALTH AND
High Court FAMILY WELFARE SERVICES
of Karnataka M.S BUILIDING
DR B.R AMBEKDAR VEEDHI
BENGALURU - 560 001
2. THE REGIONAL COMMISSIONER
VIKASA BHAVAN
MINI VIDHANA SOUDHA
KALABURAGI - 585 101
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NC: 2024:KHC:44742-DB
WP No. 1313 of 2024
3. THE DEPUTY COMMISSIONER
BIDAR DISTRICT
BIDAR - 585 401
4. THE SECRETARY
KALYANA KARNATAKA REGION
DEVELOPMENT BOARD
"ABHIVRUDHI BHAVAN"
OPP. IVAN-E-SHASHI GUEST HOUSE
KALABURGI - 585 102
...RESPONDENTS
(SMT. NILOUFER AKBAR, AGA FOR RESPONDENT NOS.1 TO 3
SMT. KEERTHI REDDY, ADVOCATE FOR
SRI C. ASHWIN, ADVOCATE FOR RESPONDENT No.4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT
IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS
TO DEVELOP THE EXISTING GOVERNMENT HOSPITALS IN THE
NEWLY FORMED TALUKAS OF KAMALANAGAR, HULASURA AND
CHITAGUPPA, BIDAR DISTRICT TO TALUK LEVEL GENERAL
HOSPITALS WITH 100 BED FACILITY AND OTHER MEDICAL
FACILITY BY CONSIDERING THE REPRESENTATION DATED
08.11.2023 MADE BY THE PETITIONER VIDE ANNEXURES-A AND A1
AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE
N. V. ANJARIA
and
HON'BLE MR JUSTICE K. V. ARAVIND
ORAL ORDER
(PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA)
Heard learned advocate Mr. J.R. Mohan for the petitioner,
learned Additional Government Advocate Smt. Niloufer Akbar for
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respondent-State and its authorities and learned advocate
Smt. Keerthi Reddy for learned advocate Sri C. Ashwin for
respondent No.4.
2. The grievance of the petitioner in this public interest petition
is that though the new Taluka Headquarters named Kamalanagar,
Hulasura and Chitaguppa are formed in the Bidar District as back
as in the year 2017, the newly formed talukas are without the
facility of hospitals and facilities in the hospitals are not set up by
the government at the taluka levels.
2.1 It is prayed by the petitioner to require the respondents to
upgrade the existing government hospitals in the newly formed
talukas into taluka level general hospital with 100 bed facility. The
petitioner has made a representation dated 08.11.2023 in this
regard.
3. It may be noted that public interest petition in Writ Petition
No.1030 of 2024 was filed, which was more or less on the similar
lines in which, the same petitioner prayed for speeding up
developmental works including hospitals in the newly formed
talukas. The said Writ Petition No.1030 of 2024 has been disposed
NC: 2024:KHC:44742-DB
of by the Court today, permitting the petitioner to pursue the
representation and requiring the respondent-authorities to consider
the same expeditiously. It is provided that when the authorities
consider the representation of the petitioner as directed in the said
petition, the aspect of upgradation of the hospitals in the three
newly formed talukas shall also be actively looked into.
3.1 Furthermore, from the record of the present petition, it
transpires that the communication dated 05.12.2023 has already
been addressed by the Hyderabad Karnataka Region Development
Board to the Deputy Commissioner of the Bidar District along with
other districts for upgradration of the government hospitals in all
newly formed talukas of Kalyana Karnataka Region into Taluka
level general hospitals and construction of 100 bed hospitals with
the aid of Kalyana Karnataka Regional Development Board, as
also to establish Science Centres and Research Centres in such
newly formed talukas to ensure development and providing for
infrastructural facilities in these talukas.
4. It is expected that the proposal which is already forwarded
and under consideration by the competent authority shall be taken
to its ultimate end expeditiously.
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5. The present public interest petition is accordingly disposed
of.
Sd/-
(N. V. ANJARIA) CHIEF JUSTICE
Sd/-
(K. V. ARAVIND) JUDGE
AHB
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