Karnataka High Court
Maruthi Banakar vs State Of Karnataka on 7 February, 2020
Bench: Chief Justice, Hemant Chandangoudar
-1-
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7th DAY OF FEBRUARY, 2020
PRESENT
THE HON'BLE MR.ABHAY S. OKA, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE HEMANT CHANDANGOUDAR
WRIT PETITION NO.9957 OF 2019 (GM-RES) PIL
BETWEEN:
1. MARUTHI BANAKAR
S/O RAMAPPA,
AGED ABOUT 35 YEARS,
R/A PURADA ONI,
NEAR RAILWAY STATION,
HAVERI 581 110.
2. BASAVARAJ MANTAGANI
S/O NEELAPPA MANTAGANI
AGED ABOUT 31 YEARS,
WARD NO.4, AMBEDKAR NAGAR,
HATTIMATTURU, HAVERI 581 118.
3. HAJU SAB BABASAB NEGLURU
S/O BABASAB,
AGED ABOUT 32 YEARS,
R/A KARJAGI VILLAGE,
HAVERI TALUK
HAVERI DISTRICT.
PIN 581 112.
4. NINGAPPA DODDAMANI,
S/O SEKAPPA,
AGED ABOUT 34 YEARS,
R/A AMBEDKAR NAGARA,
SAVANURU TOWN,
HAVERI DISTRICT 581 118.
5. SRIDHAR DODDAMANI
S/O RAMAPPA DODDAMANI,
-2-
AGED ABOUT 38 YEARS,
SAGARAVALLI, HAVERI TALUK,
HAVERI DISTRICT 581 104. ... PETITIONERS
(BY SRI GADILINGAPPA G.M., ADVOCATE ABSENT)
AND:
1. STATE OF KARNATAKA
REP BY PRINCIPAL SECRETARY,
DEPARTMENT OF HEALTH & FAMILY
WELFARE, VIDHANA SOUDHA,
BENGALURU 560 001.
2. THE EMERGENCY MANAGEMENT
& RESEARCH INSTITUTE (EMRI)
SECUNDERABAD,
OFFICE OF DEVARAEMJAL,
JADCHARLA ROAD,
SECUNDERABAD 500014.
TELANGANA STATE.
REP BY ITS MANAGING DIRECTOR.
... RESPONDENTS
(BY SRI SREENIDHI, AGA FOR R.1
BY SRI K.PRASAD HEGDE, ADV. FOR R.2 )
---
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE
CONCERNED RECORS FROM R.1 AND 2 AND DIRECT TO
APPOINT AN INDEPENDENT ENQUIRY COMMITTEE
CONSISTING OF SUCH OFFICERS AS DEEM FIT FOR THE
PURPOSE OF CONDUCTING ENQUIRY AND SUBMIT REPORT
AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING
THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
ORDER
None appears for the petitioners.
2. Today, the learned Additional Government Advocate tenders an affidavit of Smt.Padma V, Under Secretary to Government, Department of Family Welfare, Vikasa Soudha, -3- Bengaluru. It records that the Memorandum of Understanding dated 14th August 2008 which is the subject matter of this writ petition has been terminated on 13th July 2017 and a fresh tender process has been initiated for identifying new service provider for 108 Arogya Kavacha Services. It is further stated that now Emergency Response Center is functioning in a building owned by the State Government. It is further stated that as the selection of the new service provider could not be finalized and to ensure continuity of essential 108 services, the respondent No.2 is being continued as per Cabinet approval.
3. In view of the statements on oath, there is no reason to entertain the Public Interest Litigation. However, the State Government shall ensure that the New Service Provider for 108 Arogya Kavacha services is appointed as expeditiously as possible and in any event, within a period of six months from today.
4. With the above direction, the petition is disposed of.
Sd/-
CHIEF JUSTICE Sd/-
JUDGE AKC