In the High Court of Karnataka at Bangalore Dated This the 4Th Day of August 2014 Present the Hon'ble Mr.D.H.Waghela, Chief Justice and the Hon'ble Mr.Justice Ashok B

IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 4TH DAY OF AUGUST 2014 PRESENT THE HON'BLE MR.D.H.WAGHELA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE ASHOK B. HINCHIGERI WRIT PETITION NO.34018/2014 (GM-RES-PIL)

BETWEEN

1.SRI MANGESH S. KAISARE, S/O SANTARAM KAISARE, AGED ABOUT 50 YEARS, OCC:SOCIAL SERVICE, R/O SHIVA-PARVATI SADAN YELLAPUR TALUK, NORTH KANARA-581359.

2.SRI KALLANAGOUDA, S/O DEVENDRAPPA PATIL, AGED ABOUT 51 YEARS, OCC:AGRICULTURIST,

3.SRI VASUDEV, S/O DEVENDRAPPA VISHWAKARMA, AGED ABOUT 45 YEARS, OCC:CARPENTER,

4.SRI YASHAVANTARAJ, S/O MADIRALAPPA SHAMBEWAD, AGED ABOUT 45 YEARS, OCC:DRIVER

5.SRI BASAPPA S/O NINGAPPA MADAR, AGED ABOUT 35 YEARS, OCC:AGRICULTURIST,

6.SRI DEVENDRAPPA, S/O SIDDAPPA KURAKATAGI, AGED ABOUT 25 YEARS, OCC:DRIVER,

PETITIONER NOS.2 TO 6 ARE R/AT KARVINAL, POST:KHANAPUR, 2

TALUK: SINDAGI, DISTRICT:BIJAPUR-570098.

7.SRI BASANNA, S/O YAMANAPPA WALIKAR, AGED ABOUT 54 YEARS, OCC:AGRICULTURIST,

8.SRI MALLAPPA, S/O SAIBANNA JELAJI, AGED ABOUT 45 YEARS, OCC:AGRICULTURIST,

9.SRI RAJANIKANT S/O SIDDAPPA SALI, AGED ABOUT 28 YEARS, OCC:AGRICULTURIST,

10.SRI MALLAPPA, S/O SIDDAPPA KACHAPUR, AGED ABOUT 56 YEARS, OCC:AGRICULTURIST,

11.SRI LINGARAJ, S/O BHARATI PUJARI, AGED ABOUT 21 YEARS, OCC:AGRICULTURIST,

12.SRI BHIMABAI, S/O SAIBANNA YALWAR, AGED ABOUT 36 YEARS, OCC:AGRICULTURIST,

PETITIONER NOS.7 TO 12 ARE R/AT CHIKKA ALLAPUR, POST: GOLAGERI, TALUK: SINDAGI, DISTRICT:BIJAPUR-570098.

13.SRI GURUNATH, S/O CHIDAMBAR KULKARNI, AGED ABOUT 50 YEARS, OCC:AGRICULTURIST, R/O HIREGUNJAL POST, CHIKKAGUNJAL, DHARWAD-581117. 3

14.SRI KALLAPPA SAJJANAR, S/O CHANAVIRAPPA, AGED ABOUT 61 YEARS, OCC:AGRICULTURIST, R/O HOSAPET STREET, SANKALIPUR, KALAS, DHARWAD-581107.

15.SRI AKHANDAPPA S/O SHIVAPPA, AGED ABOUT 45 YEARS, OCC:AGRICULTURIST, R/O HOSAPET STREET, SANKALIPUR, KALAS, DHARWAD-581107.

16.SRI YARAGUPPI BASAVARAJ, S/O NINGAPPA, AGED ABOUT 47 YEARS, OCC:AGRICULTURIST, R/O NO.227/E, KALAS, KUNDAGOL TALUK, DHARWAD DISTRICT-581107.

17.SRI KARADAGI HAJIIMAM, S/O HUSENSAB, AGED ABOUT 60 YEARS, OCC:AGRICULTURIST, R/O NO.1107/E, KALAS VILLAGE, KUNDAGOL TALUK, DHARWAD DISTRICT-581107.

18.SRI MIYASAB MIYANAVAR, S/O DAVALASAB, AGED ABOUT 60 YEARS, OCC:AGRICULTURIST, R/O SULTHANAPUR, VULI VILLAGE, SULTANPUR, KUNDAGOL TALUK, DHARWAD DISTRICT-581107.

19.SRI HULEGEPPA VALIKAR, S/O YANKAPPA, AGED ABOUT 54 YEARS, OCC:AGRICULTURIST, 4

R/O NO.33, SULTHANAPUR, VULI VILLAGE, SULTANPUR, KUNDAGOL TALUK, DHARWAD DISTRICT-581107.

20.SRI NAGAPPA THALAGADI, S/O HANUMANTHAPPA, AGED ABOUT 60 YEARS, OCC:AGRICULTURIST, R/O NO.80, SULTHANAPUR FULI VILLAGE, SULTANPUR, KUNDAGOL TALUK, DHARWAD DISTRICT-581107.

21.SRI D.NABISABA S/O MAHABUBSAB, AGED ABOUT 39 YEARS, OCC:AGRICULTURIST, R/O H.NO.174, SULTANPUR, KUNDAGOL TALUK, DHARWAD DISTRICT-581107.

22.SRI YALLAPPA MULAGUND, S/O MADEVAPPA, AGED ABOUT 55 YEARS, OCC:AGRICULTURIST, R/O NO.311, NO.266/1 TO 540, GOUDAR STREET, KODLIYAVAR STREET, HALAPPAGAUDAR STREET PLOT, HIREGUNJAL, KUNDAGOL, DHARWAD DISTRICT-581107.

23.SRI SHIVAPPA BISEROTTI, S/O BASAPPA, AGED ABOUT 59 YEARS, OCC:AGRICULTURIST, R/O NO.449, H.NO.266/1 TO 540, GOUDAR STREET, KODLIYAVAR STREET, HALAPPAGAUDAR STREET PLOT, HIREGUNJAL, KUNDAGOL, DHARWAD DISTRICT-581113. ... PETITIONERS

(BY SRI S R HEGDE HUDLAMANE, ADV.,)

AND

1.THE STATE OF KARNATAKA BY ITS SECRETARY, DEPARTMENT OF HEALTH AND FAMILY WELFARE, KARNATAKA HEALTH SYSTEM DEVELOPMENT & REFORMS PROJECT, M.S.BUILDING, BANGALORE-560001.

2.THE STATE OF KARNATAKA, BY ITS DEPUTY SECRETARY, DEPARTMENT OF HEALTH AND FAMILY WELFARE, KARNATAKA HEALTH SYSTEM DEVELOPMENT & REFORMS PROJECT, M.S.BUILDING, BANGALORE-560 001.

3.THE PROJECT ADMINISTRATOR, KARNATAKA HEALTH SYSTEM DEVELOPMENT & REFORMS PROJECT, I FLOOR, PHI BUILDING, SESHADRI ROAD, BANGALORE-560 001.

4.THE DEPUTY DIRECTOR (PPP), KARNATAKA HEALTH SYSTEM, DEVELOPMENT AND REFORMS PROJECT, BANGALORE. ... RESPONDENTS

(BY SRI R.DEVDAS, PRL.G.A. & SMT. SWETHA KRISHNAPPA, HCGP)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO CONTINUE TO PROVIDE THE MOBILE HEALTH SERVICES AND AS BEFORE TO THE VILLAGES COMING UNDER YELLAPURA TALUK, NORTH KANARA DISTRICT AND ETC.,

THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:

ORDER

D.H.WAGHELA, CJ (Oral)

1. After arguing at some length, the petition was sought to be withdrawn with liberty to file a fresh petition, if the petitioners are so advised.

2. During the course of arguments, it was seen that the agreement (Annexure-M) for providing medical services in the specified areas has already expired on 30.06.2014 and the petition is, directly or indirectly, calculated to achieve extension of the period of operation of the agreement.

Under the circumstances, learned counsel for the petitioners fairly conceded that the issue of extension of the expired agreement had to be separated from genuine grievances, if any, about the medical services provided in the areas where the petitioners are residing. It was also conceded that there were no factual averments as to what medical and health services are being provided by the

Government and why any private party was required to be involved. Therefore, with a view to filing fresh petition with necessary averments and supporting material indicating any lacunae in the medical or health services, the present petition was sought to be withdrawn. Since no notice is 7 issued to any of the respondents in the present proceedings so far, the petition is dismissed as withdrawn, along with the interim application made therein, with no order as to cost, with liberty to file a fresh petition, if the petitioners are so advised.

Sd/- CHIEF JUSTICE

Sd/- JUDGE

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