- 1 - NC: 2025:KHC:9007 WP No. 34218 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 34218 OF 2024 (GM-RES) BETWEEN: SRI DR MANJUNATH D S/O DODDANANJAIAH AGED ABOUT 35 YEARS RESIDING AT MASTHI PALYA BRAHMASANDRA POST KORA, TUMAKURU TALUK AND DISTRICT PIN - 572 128 …PETITIONER (BY SRI. MADHUSUDHAN M N., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS SECRETARY HEALTH DEPARTMENT VIKASA SOUDHA BANGALORE - 571 201 Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:9007 WP No. 34218 of 2024 2. THE DIRECTOR DEPARTMENT OF HEALTH AND FAMILY WELFARE SERVICE ANAND RAO CIRCLE BANGALORE - 560009 3. THE CHIEF EXECUTIVE OFFICER AND CHAIRMAN OF REGISTRATION COMMITTEE FOR KARNATAKA PRIVATE MEDICAL ESTABLISHMENT TUMKUR DIST TUMAKURU - 571 201 4. THE DISTRICT HEALTH AND FAMILY WELFARE OFFICER TUMKUR DISTRICT TUMKUR - 571 201 …RESPONDENTS (BY SRI. SHAMANTH NAIK, HCGP) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-4 WITH RESPECT TO REPRESENTATION DTD. 14.09.2023 GIVEN BY THE PETITIONER AS PER THE ANNX-E AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC:9007 WP No. 34218 of 2024 CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court seeking for the following prayers: "i) Issue Writ in the nature of Mandamus directing the respondent No 4 with respect to representation dated 14/09/2023 given by the petitioner as per the ANNEXURE - E ii) Issue any other writ or order or orders as this Hon'ble Court be deems fit it necessary under the facts and circumstances of the case in the interest of justice and equity." 2. Heard the learned counsel Sri.M.N.Madhusudhan, appearing for the petitioner and the learned High Court Government Pleader Sri.Shamanth Naik, appearing for the respondents. 3. The learned counsel for the petitioner submits that the issue in the lis stands answered by the Coordinate Bench of this Court in W.P.No.56542/2013 disposed of on 13.12.2013, wherein the co-ordinate Bench has held as follows: "The petitioner is before this Court seeking for issue of mandamus to the respondents to consider the - 4 - NC: 2025:KHC:9007 WP No. 34218 of 2024 application filed by the petitioner for registration of his medical establishment. The petitioner has also sought for issue of mandamus to the respondents not to interfere in petitioner’s practice until consideration of his application. 2. The petitioner claims that he is medical practitioner practicing in various forms of Medical Science. In view of the requirement under the Private Establishment Act, 2007 to register himself, the petitioner has made an application seeking registration. Since the application has not been considered in accordance with law, the petitioner is before this Court. It is also averred that the respondents without considering the application are interfering with his practice and therefore, the application needs to be considered expeditiously. 3. The fact that the said application requires to be made and the same requires consideration of the 4th respondent is not disputed by the respondents. In fact in a similar set of circumstance, this Court in W.P No.47102-104/11 and connected petition has by its order dated 14.03.2012 directed consideration of such application. In any event, in the instant case, when the petitioner has made an application under the relevant Act, there is a duty cast on the 4th respondent to consider and dispose of the application. Without considering the application, certainly the 4th respondent would not been titled to interfere in the practice of the petitioner. 4. Hence, a direction is issued to the 4threspondent to consider application submitted by the petitioner as expeditiously as possible and in accordance with law. Such consideration shall not be later than three months from the date of furnishing of copy of this order. Needless to mention that until the consideration of the application, the practice of the petitioner shall not be interfered with. The writ petition stands disposed of in the above terms." - 5 - NC: 2025:KHC:9007 WP No. 34218 of 2024 4. The learned HCGP would submit that if reasonable time is granted, the application of the petitioner would be considered strictly in consonance with law and appropriate orders would be passed. 5. In the light of the said submission, the writ petition stands disposed directing respondent No.4 to consider the representation of the petitioner dated 14.09.2023, within an outer limit of three months from the date of receipt of the copy of this order, in accordance with law. Needless to mention that until the consideration of the application, the practice of the petitioner shall not be interfered with. Sd/- ______________________ JUSTICE M.NAGAPRASANNA KG List No.: 1 Sl No.: 90