- 1 - NC: 2025:KHC:2233 WP No. 6375 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 6375 OF 2024 (GM-RES) BETWEEN: M/S TAMARA HEALTH CARE SERVICES LLP NO.71, 2ND MAIN ROAD, KIADB HOUSING LAYOUT, HEBBAL INDUSTRIAL AREA, MYSORE-570016 REPRESENTED BY ITS PARTNER, SRI.K.B. MANDANNA. …PETITIONER (BY SRI. SUBRAMANI M A., ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF HEALTH AND FAMILY WELFARE SERVICES, VIKASA SOUDHA, BENGALURU-560001 REP. BY ITS PRINCIPAL SECRETARY. 2. KARNATAKA PRIVATE MEDICAL ESTABLISHMENT REGISTERING AUTHORITY, NPC HOSPITAL, NAZARABAD, MYSORE-570010 REPRESENTED BY ITS SECRETARY. Digitally signed by DHARMALINGAM Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:2233 WP No. 6375 of 2024 3. THE DISTRICT HEALTH AND FAMILY WELFARE OFFICER NPC HOSPITAL, NAZARABAD, MYSORE-570010. 4. TALUK HEALTH OFFICER JHANSI RANI LAKSHMI BAI ROAD, CHAMARAJAPURAM MOHALLA, LAKSHMIPURAM, MYSORE-570004. …RESPONDENTS (BY SRI.MOHAMMED JAFFAR SHAH., AGA FOR R1, R3 & R4 SRI. HARSHA., ADVOCATE FOR SRI. ANIRUDH CHAMUNDA., ADVOCATE FOR IMPLEADING APPLICANT) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT TO QUASH THE LETTER BEARING NO. THA.AA.KA.MY/556/2023-24 DTD 21.02.2024 ISSUED BY THE R-4 VIDE ANNEXURE-A AND DIRECT THE RESPONDENTS TO CONSIDER THE ONLINE APPLICATION OF THE PETITIONER SUBMITTED ON 18.08.2023 VIDE ANNEXURE-H AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R DEVDAS ORAL ORDER The petitioner who has established a Health Care Centre is aggrieved of the impugned order/communication dated 21.02.2024 issued by the fourth respondent-Taluk - 3 - NC: 2025:KHC:2233 WP No. 6375 of 2024 Health Officer, Mysuru. By the impugned order/communication, the fourth respondent has directed that since the Health Care Centre is established without obtaining licence, there shall be a lock put up on the premises within a period of ten days from the date of issuance of the notice. 2. It was contended before this Court that the petitioner made an application Online on 18.08.2023 in terms of the provisions of The Karnataka Private Medical Establishments Act, 2007. Learned Counsel for the petitioner pointed out to sub-section (1) of Section 7 of the Act, which prescribes that on an application being made to the Registration and Grievance Redressal Authority, the Authority, having regard to the provisions contained in sub-section (6), is required to conduct an enquiry by an inspection committee and thereafter pass necessary orders for grant of registration or reject the application within ninety days from the date of receipt of the complete application. The proviso to sub-section (1) - 4 - NC: 2025:KHC:2233 WP No. 6375 of 2024 of Section 7 provides that in case of any delay beyond 90 days, the registration shall be deemed to have been granted. 3. During the course of these proceedings, certain interim directions were given by this Court. By order dated 26.03.2024 the petitioner was directed to submit all necessary documents before the respondent-State and the respondent-State and the authorities were directed to consider the documents that could be submitted by the petitioner. 4. Today, learned Counsel for the impleading applicant has placed on record copy of the order dated 15.05.2024 passed by the Registration and Grievance Committee. The application filed by the petitioner has been rejected for the reasons stated therein. Learned Counsel for the petitioner submits that the petitioner is not aware of such an order being passed by the competent authority. - 5 - NC: 2025:KHC:2233 WP No. 6375 of 2024 5. Nevertheless, having regard to the seriousness of the issue brought before this Court that the petitioner has established a Health Care Centre without obtaining licence and having regard to the fact that the petitioner was directed to furnish all documents to the respondent- authority and the respondent-authority was directed to reconsider the application and the fact that the application has been rejected by order dated 15.05.2024, the petitioner is free to challenge the said order dated 15.05.2024. 6. With these observations, the writ petition stands disposed of. I.A.No.1/2024 filed for impleadment stands disposed of accordingly. Sd/- (R DEVDAS) JUDGE JT/- CT: JL