- 1 - HC-KAR NC: 2025:KHC:24337 WP No. 15443 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 15443 OF 2025 (GM-RES) BETWEEN: DR. NAVEEN KUMAR S/O. SRI. SHIVAPRASAD K.S AGED ABOUT 40 YEARS, DR. NAVEEN'S HEALTH AND DIET CARE CENTRE NO.1197, CHAMARAJAPURAM, MYSURU-570005. …PETITIONER (BY SRI.M. PRAKASHA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY HEALTH DEPARTMENT, VIKASA SOUDHA, BANGALORE-560 001. 2. THE DEPUTY COMMISSIONER AND CHAIRMAN OF REGISTRATION COMMITTEE FOR KARNATAKA PRIVATE MEDICAL ESTABLISHMENT AUTHORITY MYSURU-570001. 3. THE DISTRICT HEALTH AND FAMILY WELFARE OFFICER MYSURU-DISTRICT Digitally signed by VIJAYA P Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:24337 WP No. 15443 of 2025 MYSURU-570001. 4. THE SECRETARY INDIAN MEDICAL ASSOCIATION MYSURU-DISTRICT MYSURU-570001. 5. THE DISTRICT SECRETARY DISTRICT AYUSH OFFICER, MYSURU-DISTRICT, MYSURU-570001. 6. THE TALUK HEALTH AND FAMILY WELFARE OFFICER MYSURU TALUK MYSURU-DISTRICT-570 001. …RESPONDENTS (BY SRI.MOHAMMED JAFFAR SHAH, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) TO QUASH AND SET ASIDE THE ORDER DATED 16.05.2025 BY THE R2 WHICH HAS BEEN PRODUCED AT ANNEXURE-N, ETC. THIS PETITION, COMING ON FOR FRESH MATTERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV - 3 - HC-KAR NC: 2025:KHC:24337 WP No. 15443 of 2025 ORAL ORDER 1. The present petition has been filed calling in question the correctness of the order at Annexure - N dated 16.05.2025. 2. Learned Additional Government Advocate submits that in terms of Section 16 of the Karnataka Private Medical Establishments (Amendment Act) 2017 as against the impugned proceedings an appeal lies. 3. Learned counsel for the petitioner files a memo and submits that he may be permitted to avail of appeal remedy. 4. In light of the said submission, the petition is disposed off as not calling for adjudication. 5. The petitioner is relegated to avail of the substantive remedy under Section 17 of the Karnataka Private Medical Establishments (Amendment Act) 2017. - 4 - HC-KAR NC: 2025:KHC:24337 WP No. 15443 of 2025 6. In the event appeal is filed within two weeks from the date of receipt of the order and appeal is taken up, the request for interim prayer, if any, must be considered within a period of 10 days from appeal being filed. Thereafter the appeal proceedings to be expedited. All contentions are kept open. 7. Needless to state, the time spent before this court may be taken note appropriately and if appeal is filed within two weeks, necessary orders to be passed taking note of the observations made in this order. Sd/- (S SUNIL DUTT YADAV) JUDGE DHA List No.: 1 Sl No.: 14