D. RAJU S/O CHELUVE GOWDA Vs. THE COMMISSIONER/DIRECTOR DEPARTMENT OF HEALTH AND FAMILY WELFARE, ANAND RAO CIRCLE BENGALURU-560001 AND OTHERS

JUDGEMENT

(1.) PETITIONER has sought for quashing the resolution at Annexure -A, dated 9.4.2012 passed by Arogya Raksha Samithi of Taluk Panchayat, Kanakapura, bye which respondent No.8 is permitted to continue to run Nandini Milk Booth 9n the Campus of Government Hospital, Kanakapura Town, Ramanagara District. The records reveal that an order came to be passed in favour of respondent No.8 as per Annexure -R4, dated 26.3.2010 in respect of running the Milk Booth in the Compound of Government Hospital, M.G.Road, Kanakapura. Nandini Booth is having measurement of 12'x15'. As per the said order, respondent No.8 started running Nandini Milk Booth. Prior to authorisation of Milk Booth in favour of respondent No.8, petitioner was granted authorisation of running another Milk Booth situated at M.G.Ftoad, Kanakapura. However, the said Milk Booth was demolished for the purpose of widening the said mad. Taluk Panchayat decided to shift the Milk Booth to the Compound of the Government Hospital, Kanakapura. Consequently, Milk Booth was established in the Compound of the Government Hospital. As aforementioned, respondent No.8 has been running the said Milk Booth since the order dated 26.3.2010. The said order dated 26.3,2010 was questioned by the petitioner before this Court in WP.No.2716/2011. The writ petition came to be allowed on 17.2.2012 with a direction to the concerned authority to consider the application of the petitioner as well as respondent No.8 herein for running the Milk Book in question, on merits and in accordance with law. After consideration, the impugned resolution is passed as per Annexure -A by Arogya Raksha Samithi of Kanakapura Taluk Panchayat, Kanakapura continuing the grant in favour of respondent No.8.

(2.) LEARNED Counsel for the petitioner submits that the impugned resolution is passed on extraneous considerations. So also the authorities have riot taken into consideration the fact treat the petitioner is a displaced person as the Government Hospital Campus being run by him is demolished and it was decided to be shifted to the Government Hospital Campus.

(3.) LEARNED Government Advocate submits that the Medical Officer of the Government Hospital, Kanakapura, has decided to stop running of MR Booth in the hospital campus for the present and that the applications of both the parties will be considered together once again.