- 1 - NC: 2025:KHC:7621 WP No. 18492 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 18492 OF 2021 (GM-RES) BETWEEN: DR. H.L.VIJAYA RAGHAVENDRA S/O LATE LINGA SHETTY, AGED 38 YEARS, RESIDING AT SAI GANGA HOSPITAL, CHICKANAYAKAHALLI, TUMKUR DISTRICT-572 214. …PETITIONER (BY SRI. NAGARAJAPPA A., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HEALTH AND FAMILY WELFARE SERVICES, KARNATAKA GOVERNMENT OF SECRETARIAT, VIKASA SOUDHA, DR AMBEDKAR VEEDHI, BANGALORE-560 001. 2. THE DEPUTY COMMISSIONER OF REVENUE, TUMKUR DISTRICT, TUMUR -572 101. 3. THE DISTRICT HEALTH AND FAMILY WELFARE OFFICER, OFFICER OF THE DEPARTMENT OF HEALTH AND FAMILY WELFARE SERVICES, NEAR AMANIKERE, TUMKUR-572 101. …RESPONDENTS (BY SMT. MANJUNATHA RAYAPPA., AGA) Digitally signed by PREMCHANDRA M R Location: High Court of Karnataka - 2 - NC: 2025:KHC:7621 WP No. 18492 of 2021 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.A.Nagarajappa., counsel for the petitioner and Sri.Manjunatha Rayappa., AGA for the respondents have appeared in person. 2. The brief facts are these: It is stated that the petitioner - Dr.H.L.Vijaya Raghavendra has obtained a Decree in Bachelor of Medicine and Bachelor of Surgery from the University of Rajiv Gandhi Health Sciences, Bangalore, and also completed Diploma in Maternity and Child Health from Indira Gandhi National Open University in 2011. Thereafter, he completed DNB in Radio diagnosis at Satya Sai Institute of Higher Medical Sciences, Whitefield, in the year 2012, and also holds Certified Course of Paliative Care in 2008 to serve underprivileged of rural population of Chickanayakanahalli Taluk, which does not have any sophisticated Health Care set up. The petitioner is a full - 3 - NC: 2025:KHC:7621 WP No. 18492 of 2021 time Doctor working in Sri Sai Ganga Nursing Home at Jagajeevanaramnagar, Chickanayakanahalli, Chickanayakanahalli Town and Taluk, Tumkur District. The Government of Karnataka, enacted law called Karnataka Private Medical Establishment Authority and the same was established at Tumkur, issued a Certificate of Registration in the name of Smt.T.Radha for establishing and registering practicing of Allopathic System of Medicine/ Nursing Home (One to Thirty Beds) as per the provisions of the Karnataka Private Medical Establishment Act, 2007. It is said that the petitioner is discharging duties as a Doctor with utmost satisfaction of the residents and the Public of Chickanayakanahalli and has earned good name and fame in the locality. As things stood thus, on 29.09.2021, a compliant was lodged by the Taluka Health Officer, Government Hospital, Chickanayakanahalli, Tumkur District, regarding death of one Swamiji /Sri.Yatishwara Shivacharya Maha Swamiji for Covid- 19. A compliant was lodged against the petitioner and pending consideration, a show cause notice came to be issued by the - 4 - NC: 2025:KHC:7621 WP No. 18492 of 2021 third respondent, alleging that the petitioner has violated the norms prescribed under KPME Act and Disaster Management Act. The notice was issued on 28.09.2021 and the same was not served on the petitioner. It is stated that the cover containing the letter was made available by the hospital staff on 05.10.2021. Under these circumstances, the petitioner having left with no efficacious and alternate remedy has filed the captioned Writ Petition on several grounds as setout in the Memorandum of Writ Petition. 3. Counsel for the respective parties urged several contentions. Counsel for the petitioner has relied upon the following decision. 1. NEERAJ SUD AND ANOTHER V/S. JASWINDER SINGH (MINOR) AND ANOTHER reported in 2024 SCC ONLINE SC 3069. 2. DR. (MRS.) CHANDA RANI AKHOURI AND OTHERS V/S. DR.M.A.METHUSETHUPATHI AND OTHERS REPORTED IN 2022 LIVE LAW (SC) 391. Heard the arguments and perused the Writ papers with care. - 5 - NC: 2025:KHC:7621 WP No. 18492 of 2021 4. The facts are sufficiently stated and they do not require reiteration. The issue revolves around a narrow compass and relates to the issuance of a show cause notice. The show cause notice is furnished along with the Writ Petition and the same is marked as Annexure-C. It is dated:28.09.2021. The District Health and Family Welfare Officer has made certain allegations against the petitioner about medical negligence. It is also stated that due to non availability of proper medical treatment, the Swamiji has died. The petitioner contends that the Swamiji was not his patient and did not take any treatment from him. The third respondent has issued a show cause notice stating that the petitioner has violated the norms prescribed under KPME Act and Disaster Management Act. There is no clarity in the notice. Moreover, the notice was also not served to the petitioner by due process known to law alleging to take action under KPME Act as well as Disaster Management Act. Except mentioning the statues names, which provisions of the Act was violated is not forthcoming from the notice. As already noted above, there is no clarity in the notice and in my view, the third respondent has failed to have regard to the relevant considerations and - 6 - NC: 2025:KHC:7621 WP No. 18492 of 2021 disregarded the relevant matters. Therefore, this Court deems it proper to quash the notice passed by the third respondent. Counsel for petitioner has cited decisions referred to supra, but I do not think that the law is in doubt. Each decision turns on its facts. The present case is also tested in light of the aforesaid decisions. 5. The Writ of Certiorari is ordered. The Notice dated:28.09.2021 issued by the third respondent vide Annexure-C is quashed. 6. Resultantly, the Writ Petition is allowed. Sd/- (JYOTI MULIMANI) JUDGE MRP List No.: 2 Sl No.: 36