- 1 - NC: 2025:KHC:7693 WP No. 2799 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 2799 OF 2025 (GM-RES) BETWEEN: DR NAVEEN KUMAR AGED ABOUT 40 YEARS S/O MR. SHIVAPARASAD K S DR. NAVEEN'S HEALTH AND DIET CARE CENTRE MYSURU 570 005 …PETITIONER (BY SRI. ABHISHEK A., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS SECRETARY TO GOVERNMENT, HEALTH DEPARTMENT, VIKAS SOUDHA, DR. AMBEDKAR VEEDHI, BENGALURU – 560001. 2. THE DEPUTY COMMISSIONERC AND CHAIRMAN, REGISTRATION AND GRIEVANCE REDRESSAL AUTHORITY OF PRIVATE MEDICAL ESTABLISMENT, MYSURU-570 005 3. THE DISTRICT HEALTH AND FAMILY WELFARE OFFICER MYSURU DISTRICT, MYSURU-570 010 Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:7693 WP No. 2799 of 2025 4. THE DISTRICT AYUSH OFFICER OFFICE OF DISTRICT AYUSH OFFICER RINDAVAN LAYOUT, KRS ROAD MYSURU. 5. TALUK HEALTH AND FAMILY WELFARE OFFICER TULASIDAS HOSPITAL COMPOUND BALLAL CIRCLE, MYSURU - 570004 …RESPONDENTS (BY SRI. MOHAMMED JAFFAR SHAH., AGA) THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE PROCEEDINGS AND ORDER PASSED IN KPME,MY/KU.NI.PRAA- DHU NO. 46/2023 DTD. 10.12.2024 MARKED AT ANNX-P ISSUED BY THE R-2 AND ETC. THIS PETITION, COMING ON FOR ORERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R DEVDAS ORAL ORDER Learned Counsel for the petitioner submits that the impugned order dated 10.12.2024 at Annexure ‘P’ has been issued without any notice to the petitioner. - 3 - NC: 2025:KHC:7693 WP No. 2799 of 2025 2. However, learned AGA submits that on 02.12.2024 a notice was issued to the petitioner calling upon him to be present before the Deputy Commissioner-cum-Chairman of the Registration and Grievance Redressal Authority on 10.12.2024 at 10.30 a.m. to consider the complaints filed against the petitioner. However, the petitioner did not appear and the impugned order has been passed. It is pointed out that even on an earlier occasion, one such complaint was received at the hands of Sri Ravichandra K., and an order of penalty was also imposed on the petitioner and he was directed not to prescribe or practice allopathic medicines. Nevertheless, the petitioner continues to defy the orders and therefore action has been taken against the petitioner. 3. Learned Counsel for the petitioner submits that after he has paid the penalty in terms of the earlier orders as can be found at Annexure ‘F’, the petitioner has not done anything contrary to the licence granted to him. - 4 - NC: 2025:KHC:7693 WP No. 2799 of 2025 4. Having regard to the submission made by the learned Counsel for the petitioner, since it is found that immediately after notice is issued to the petitioner, the impugned order has been passed on the very same day on the ground that the petitioner did not appear before the authority. This would amount to denial of principles of nature justice. 5. In that view of the matter, the writ petition is partly allowed. The impugned order at Annexure ‘P’ dated 10.12.2024 is hereby quashed and set aside while remitting the matter back to the Deputy Commissioner and Chairman of the Registration and Grievance Redressal Authority of Private Medical Establishment, Mysuru, to reconsider the case against the petitioner. 6. The petitioner shall appear before the second respondent-Deputy Commissioner and Chairman of the Registration and Grievance Redressal Authority of Private Medical Establishment, Mysuru, on 27.02.2025 at 10.30 a.m. without waiting for further notice. The second - 5 - NC: 2025:KHC:7693 WP No. 2799 of 2025 respondent shall afford opportunity of hearing, in terms of the provisions of the Act and the Rules and thereafter, proceed in accordance with law. Ordered accordingly. Sd/- (R DEVDAS) JUDGE JT/- CT: JL