Karnataka High Court
Sri A Pandurangappa vs State Of Karnataka on 9 July, 2014
Author: Ashok B.Hinchigeri
Bench: Ashok B. Hinchigeri
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 9TH DAY OF JULY 2014
BEFORE
THE HON'BLE MR. JUSTICE ASHOK B. HINCHIGERI
WRIT PETITION NOs.58843-58868 OF 2013 (GM-RES)
BETWEEN :
1. Sri A.Pandurangappa,
S/o.Late Anjinappa,
Aged about 51 years,
Sri Maruthi Clinic,
Bookkapattana,
Sira Taluk,
Tumkur District.
2. Sri B.Shivaprasada,
S/o.R.Basavarajappa,
Aged about 42 years,
Chandana Clinic,
Baraguru,
Sira Taluk,
Tumkur District.
3. Sri Nagaraju,
S/o.Dasanna,
Aged 42 years,
Sri Matha Clinic,
Baraguru,
Sira Taluk,
Tumkur District.
4. Sri B.P.Shivakumar,
S/o.Late Patalingappa,
Aged about 48 years,
Devi Clinic,
Tavarekere,
Bhuvanahalli,
2
Sira Taluk,
Tumkur District.
5. Sri N.S.Siddegowda
S/o.Siddegowda,
Aged about 60 years,
Thirvendi,
Pavagada,
Tumkur District.
6. Sri P.Duraisamy,
S/o.A.Palaniswamy,
Aged about 42 years,
Jeeva Clinic,
Tumkur Taluk,
Tumkur District.
7. Sri Ramesh B.R.
S/o.B.Rangaiah,
Aged about 44 years,
Sai Clinic,
Mallasandra,
Tumkur,
Tumkur District.
8. Sri G.Sudhakara,
S/o.Late R.Gavirangaiah,
Aged about 49 years,
Sri Ranganatha Clinic,
M.M.Kote Gubbi Taluk,
Tumkur District.
9. Sri G.Dayanand Gowda,
S/o.Giriyanna,
Aged about 54 years,
Sneha Clinic,
Old Check Post,
Opposite S.L.N.T. Rice Mill,
Oorkere Post
Tumkur Distrrict.
10. Sri Prathap Simha,
S/o.K.N.Puttanarasaiah,
3
Aged about 42 years,
Sowkya Clinic,
Gowdaiahnapalya,
Near Toll Gate,
Tumkur.
11. Sri Rajendra D.B.
S/o.Bheemappa,
Aged about 50 years,
Sri Lakshmi Clinic,
Kesaramadu,
Oordegere Hobli,
Tumkur Taluk,
Tumkur District.
12. Sri Shahe Irfan
S/o.Nazeer Ahamed,
Aged about 48 years,
Aswini Clinic,
Mallasandra,
Tumkur Taluk.
13. Shoukat Ali,
S/o.Mohammed Ismal,
Aged about 63 years,
Shifa Clinic,
MRM Road,
Sira,
Tumkur District.
14. Lakshmipathi,
S/o.Sri Rangappa,
Aged about 53 years,
Sri Maruthi Clinic,
Nanjundappa
S/o.Late Yellappa,
Aged about 58 years,
Residing at.
15. Sri G.S.Eshwarappa,
S/o.Siddanna,
Age: 52 years,
Maruthi Clinic,
4
N.H.4, Kallamballa,
Sira Taluk,
Tumkur District.
16. Sri H.Manjunath,
S/o.Halappa,
Age: 43 years,
Mamatha Clinic,
Dharmapura Post,
Hiriyuru Taluk,
Chitradurga District.
17. Sri Y.Nanjundappa,
S/o.M.Yallappa,
Age: 57 years,
Shubha Clinic,
Kote-Sira Town,
Sira Taluk,
Tumkur District.
18. Sri R.V.Thyagaraj,
S/o.Pandith Venkatappa,
Aged 56 years,
Venkateshwara Ayurvedic Clinic,
Mattigatta Handanakere,
Hobli,
C.N.Hally Taluk,
Tumkur District.
19. Sri Krishnaiah,
S/o.Eranna,
Aged 52 years,
Srinivas Clinic,
Tavarekere Sira Taluk,
Tumkur.
20. Sri K.V.Nagaraj,
S/o.K.Veerabhadra Rao,
Age 60 years,
Rajakumar Clinic,
Kencharallahalli Post,
Chinthamani Taluk,
Chikkaballapura District.,
5
21. Sri K.V.Shivalingegowda,
S/o.LateK.N.Hurigowda,
Aged 63 years,
R/at Kyathanahally Post,
Pandavapura Taluk,
Mandya District.
22. Sri Channakeshavaiah,
S/o.Venkatakrishnaiah,
Aged 61 years,
R/o.Doddarayapet,
Chamarajanagar,
Taluk & District.
23. Ibrahim,
S/o.Hussen Sab,
Age: 40 years,
Baba Clinic,
Thirumani,
Pavagada Taluk,
Tumkur District.
24. Sri C.Nagendra,
S/o.C.Thimmappa Setty,
Age: 40 years,
S.L.V.Clinic,
M.G.Road,
Y.N.Hosakote,
Pavagada Taluk,
Tumkur District.
25. Abdul Kareem,
S/o.Abdul Wahab Sab,
Age: 63 years,
Maland Clinic,
Old Bazeer Post Office Main Road,
Sira, Sira Taluk,
Tumkur District.
26. H.R.Manubramhachar,
S/o.Rangachar,
Aged about 56 years,
6
Sri Ranganath Clinic,
Changavar,
Sira Taluk,
Tumkur District. ... Petitioners
(By Sri Thimmanna, Advocate (absent))
AND:
1. State of Karnataka
Represented by Principal Secretary
To Government,
Department of Health and Family
Welfare Department,
Government of Karnataka,
Vidhana Soudha,
Bangalore - 560 001.
2. The Secretary,
Department of Parliamentary
Affairs and Legislation,
Government of Karnataka,
Vidhana Soudha,
Bangalore - 560 001.
3. Registrar,
Ayurvedic Board,
Dhanavantri Road,
Anandarao Circle,
Bangalore - 560 009.
4. District Ayush Officer,
District Ayush Office,
District General Hospital,
Tumkur
District: Tumkur - 572 101.
5. District Health Officer,
District Health Office,
District General Hospital,
Ashoka Road,
Tumkur,
Tumkur District - 572 101.
7
6. Superintendent of Police,
Tumkur District,
B.H.Road,
Tumkur - 572 101.
7. Deputy Commissioner,
Tumkur District,
Minividhanasoudha,
Tumkur - 572 101.
8. District Ayush Officer,
District Ayush Office,
Chitradurga District,
Chitradurga - 577 501.
9. District Health Officer,
Chitradurga District,
Chitradurga.
10. Superintendent of Police,
Chitradurga District,
Chitradurga - 577 501.
11. Deputy Commissioner,
Chitradurga District,
Chitradurga - 577 501.
12. District Ayush Officer,
District Ayush Office,
Sri Venugopal Swamy Gudi Road,
Chikkaballapura - 577 501.
13. District Health Officer,
Bangalore Road,
Chikkaballapura
Chikkaballapura District - 577 501.
14. Superintendent of Police,
Chikkaballapura,
Gowribidanur Road,
Chikkaballapura District - 577 501.
8
15. Deputy Commissioner,
Chikkabalapura District,
Siddalaghatta Road,
Chikkaballapura
Pin code - 577 501.
16. District Ayush Officer,
District Ayush Office,
Mandya District,
Mandya - 571 401.
17. District Health Officer,
Mandya District,
Mandya - 577 401.
18. Superintendent of Police,
Mandya District,
Mandya - 571 401.
19. Deputy Commissioner,
Mandya District,
Mandya - 571 401.
20. District Ayush Officer,
District Ayush Office,
Chamarajanagar District,
Chamarajanagar - 571 313.
21. District Health Officer,
Chamarajanagar District
Chamarajanagar - 571 313.
22. Superintendent of Police,
Chamarajanagar District,
Chamarajanagar - 571 313.
23. Deputy Commissioner,
Chamarajanabgar District,
Chamarajanagar - 571 313. ...Respondents
(By Sri H.V.Manjunatha, AGA)
9
These writ petitions are filed under Articles 226 and 227 of
the constitution of India praying to strike down Sections 3, 15 and
19 of the Karnataka Private Medical Establishments Act, 2007
produced as per Notification Annexure-F dated 10.11.2009
published by the R2 as the same are ultravires and
unconstitutional, etc.
These writ petitions, coming on for orders, this day, the
Court made the following:
ORDER
The matter is listed for the third time regarding the non-compliance with the office objections. All the office objections are not complied with. There is no representation for the petitioners.
2. These petitions are dismissed for default and non- prosecution.
Sd/-
JUDGE Cm/-