Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC-D:7924-DB CCC No. 100157 of 2025
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 23RD DAY OF JUNE, 2025 PRESENT THE HON'BLE MR. JUSTICE R.DEVDAS AND THE HON'BLE MR. JUSTICE K V ARAVIND CIVIL CONTEMPT PETITION NO.100157 OF 2025 BETWEEN:
SHRI MAHADEVAPPA DONI, OCC.: PRIVATE PROFESSION, AGE: 32 YEARS, R/O. ITTANGIHAL L.T., ITTANGIHAL TQ., DT.
VIJAYAPURA, KARNATAKA-586134. - COMPLAINANT (BY SRI. SANKET S. AMBALI, ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA R/BY PRINCIPAL SECRETARY, DEPARTMENT OF HEALTH AND FAMILY WELFARE, 105, I FLOOR, VIKAS SOUDH, BENGALURU-560001.
2.
THE COMMISSIONER, HEALTH AND FAMILY WELFARE SERVICES, AROGYA SOUDH, V FLOOR, MAGADI ROAD, BENGALURU-560023.
3.
THE DISTRICT HEALTH AND FAMILY WELFARE OFFICER, SHIVAJI CIRCLE, VIJAYAPURA-586101.
4.
THE TALUKA HEALTH OFFICER, COMPETENT OFFICER, DISTRICT REGISTRATION AND GRIEVANCE REDRESSAL AUTHORITY, KPME ACT, DHO COMPOUND, SHIVAJI CIRCLE, VIJAYAPURA-586101. - ACCUSED (BY SRI. G.K. HIREGOUDAR, GOVERNMENT ADVOCATE)
THIS CCC IS FILED U/S 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, R/W. ARTICLE 215 OF CONSTITUTION OF INDIA,1950, PRAYING TO PUNISH THE ACCUSED FOR WILFULLY DISOBEYING THE ORDER DATED 19.02.2025 PASSED BY THIS HON’BLE COURT IN W.P. NO.101276/2025 VIDE ANNEXUER-A & ETC.
VINAYAKA B V Digitally signed by VINAYAKA B V Location: High Court of Karnataka, Dharwad Bench Date: 2025.06.25 10:03:51 +0530
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HC-KAR NC: 2025:KHC-D:7924-DB CCC No. 100157 of 2025
THIS CCC, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM:
THE HON'BLE MR. JUSTICE R.DEVDAS AND THE HON'BLE MR. JUSTICE K V ARAVIND
ORAL ORDER (PER: THE HON'BLE MR. JUSTICE R.DEVDAS)
Learned Government Advocate raises a preliminary objection regarding the maintainability of the contempt petition, while contending that the petitioner was not a party to the proceedings before the learned Single Judge in W.P. No. 101276/2022. It is also submitted that respondents No.3 and 4 were also not party to the proceedings in W.P. No. 101276/2022.
2.
Learned counsel for the petitioner however submits that the petitioner before the learned Single Judge was the Karnataka Board of Electro-Homeopathy Recognisation Research and Development Association, and the directions issued by the learned Single Judge would apply to each and every member of the association, having regard to direction issued by the Hon’ble Supreme Court which has
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HC-KAR NC: 2025:KHC-D:7924-DB CCC No. 100157 of 2025
been culled out in the order passed by the learned Single Judge.
3. We see from paragraph Nos.3 and 4 of the orders passed by the Apex Court that the members of the association are permitted to practice Electro Homeopathy without claiming the conferment of any degree of diploma, without the necessary backing. When that is the clear direction issued by the Apex Court, action of the respondents No.3 and 4 would be contrary to the directions issued by the Apex Court and the directions issued by the learned Single Judge.
4. Having regard to the fact that respondents No.3 & 4 have already taken note of the directions issued by the learned Single Judge and have desisted from taking further action against the petitioner, nothing further would survive for consideration in this contempt petition.
5. Further, in order to ensure that the directions issued by the learned Single Judge, in fact seeking to implement
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HC-KAR NC: 2025:KHC-D:7924-DB CCC No. 100157 of 2025
the directions issued by the Hon’ble Supreme Court, which would be applicable throughout the Country, the second respondent-Commissioner, Health and Family Welfare Services and the Principal Secretary, Department of Health and Family Welfare are directed to issue necessary orders/ circulars / bringing to the notice of all the District Health and Family Welfare Officers and the Taluka Health Officers in the State, the directions issued by the Hon’ble Supreme Court and ensure that the members of the Karnataka Board of Electro-Homeopathy Recognisation Research and Development Association are not disturbed from practicing Electro-Homeopathy System of Medicine as directed by the Hon’ble Supreme Court.
The contempt petition is accordingly disposed of.
Sd/- (R.DEVDAS) JUDGE
Sd/- (K V ARAVIND) JUDGE BVV / CT:VP LIST NO.: 1 SL NO.: 12