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2025 DAILYLAW 17929 (KAR)

INDIAN RADIOLOGICAL AND v. UNION OF INDIA

WA/307/2024 · 2025-04-22

T M Nadaf, V Kameswar Rao

body2025

Judgment text

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- 1 - NC: 2025:KHC:16607-DB WA No. 307 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF APRIL, 2025 PRESENT THE HON'BLE MR JUSTICE V KAMESWAR RAO AND THE HON'BLE MR JUSTICE T.M.NADAF WRIT APPEAL NO.307 OF 2024 (GM-RES) BETWEEN: 1. INDIAN RADIOLOGICAL AND IMAGING ASSOCIATION KARNATAKA STATE CHAPTER A SOCIETY REGISTERED UNDER THE PROVISIONS OF KARNATAKA CO-OPERATIVE SOCIETY ACT 1960 HAVING ITS REGISTERED OFFICE AT NO.378, 13TH CROSS, PALACE ORCHARD, SADASHIVNAGAR, BENGALURU – 560 080 REP BY ITS SECRETARY. SRI VIJAYASARADI A 2. SRI VIJAYASARADI A SON OF LATE A K RAMACHANDRAIAH, AGED ABOUT 39 YEARS, RESIDING AT NO.76, LAKSHMI NILAYA, BHEL, OFFICERS COLONY, 25TH MAIN ROAD, NANDINI LAYOUT, BENGALURU-560096. 3. SRI NARESH NIKHIL B L SON OF DR LAKSHMIPATHY BABU, AGED ABOUT 37 YEARS, RESIDING AT NO. 242 1ST CROSS, 1ST BLOCK, 3RD STAGE, Digitally signed by MADHUSHREE H Location: High Court of Karnataka - 2 - NC: 2025:KHC:16607-DB WA No. 307 of 2024 BANASHANKARI BENGALURU – 560 086. 4. DR ROOPA H N DAUGHTER OF NAGARAJ H T AGED ABOUT 44 YEARS RESIDING AT NO.88, 2ND MAIN, 4TH PHASE, 7TH BLOCK, BANASHANKARI,3RD STAGE, BENGALURU – 560 085. …APPELLANTS (BY SRI. CALVIN FARTADE, ADVOCATE FOR SRI. DORE RAJ B H, ADVOCATE) AND: 1. UNION OF INDIA MINISTRY OF HEALTH AND FAMILY WELFARE, DEPARTMENT OF HEALTH AND FAMILY AFFAIRS, NIRMAN BHAVAN, NEW DELHI-571210 REPRESENTED BY ITS SECRETARY. 2. THE APPROPIRATE AUTHORITY CONSTITUTED UNDER PRE-NATAL DIAGNOSTIC TECHNIQUES (REGULATION AND PREVENTION OF MISUSE) AMENDMENT ACT 2022 REP JOINT DIRECTOR OF HEALTH AND FAMILY WELFARE DEPARTMENT OF HEALTH AND FAMILY WELFARE, ANANDA RAO CIRCLE, BANGALORE-560001. 3. STATE OF KARNATAKA NATIONAL HEALTH MISSION STATE PC AND PNDT DEPARTMENT, 1ST FLOOR EAST DIVISION, HEALTH AND FAMILY WELFARE SERVICES, AROGYA SOUDHA, MAGADI ROAD, BENGALURU-560023 REPRESENTED BY ITS COMMISSIONER - 3 - NC: 2025:KHC:16607-DB WA No. 307 of 2024 4. PROJECT DIRECTOR (R.C.H) AND STATE COMPETENT AUTHORITY (P.C AND P.N.D.T ACT) HEALTH AND FAMILY WELFARE SERVICES AROGYA SOUDHA, MAGADI ROAD, BENGALURU-560023. …RESPONDENTS (BY SMT. VIDYA PAI, ADVOCATE FOR SMT. NAYANA TARA B.G, CGC FOR R1; SMT. SWETHA KRISHNAPPA, AGA FOR R2 TO R4) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE JUDGMENT DATED 07.12.2023 PASSED BY THE LEARNED SINGLE JUDGE IN WP NO.22207/2023, ETC THIS APPEAL COMING ON FOR PRELIMINARY HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE V KAMESWAR RAO and HON'BLE MR JUSTICE T.M.NADAF ORAL JUDGMENT (PER: HON'BLE MR JUSTICE V KAMESWAR RAO) Learned counsel for the appellants has filed a memo for withdrawal, which reads as under:- “The undersigned Counsel for the Appellants respectfully prays that this Hon’ble Court be pleased to permit the Appellants to withdraw the said appeal in view - 4 - NC: 2025:KHC:16607-DB WA No. 307 of 2024 of the circular dated 07.03.2025, which answers the grievance of the Appellants herein. Therefore, this Hon’ble Court may be pleased to permit the Appellants to withdraw the Appeal in the interest of Justice and Equity.” 2. The writ appeal is dismissed as withdrawn. Sd/- (V KAMESWAR RAO) JUDGE Sd/- (T.M.NADAF) JUDGE MH List No.: 1 Sl No.: 38