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2025 DAILYLAW 70722 (KAR)

DR. NARAYANA SWAMY. K. H. v. THE STATE OF KARNATAKA

WP/35316/2025 · 2025-12-04

Suraj Govindaraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:50785 WP No. 35316 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 35316 OF 2025 (GM-RES) BETWEEN: 1. DR. NARAYANA SWAMY. K. H. S/O. HANUMAPPA AGED ABOUT 55 YEARS, SRI MANOHAR CLINIC, HOSA BEEDHI, TALKADU NEW STREET, TALKADU, T.NARASIPURA TALUK, MYSORE-571122 …PETITIONER (BY SRI. N R NAIK., 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 Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:50785 WP No. 35316 of 2025 COMMITTEE FOR KARNATAKA PRIVATE MEDICAL ESTABLISHMENT MYSORE DISTRICT - 570001. 3. THE DISTRICT HEALTH AND FAMILY WELFARE OFFICER, MYSORE DISTRICT - 570001. 4. THE DISTRICT SECRETARY DISTRICT AYUSH OFFICER, MYSORE DISTRICT - 570001. 5. THE TALUK HEALTH OFFICER, T.NARASIPURA TALUK, MYSORE DISTRICT - 570001. …RESPONDENTS (BY SRI. SIDHARTHA BABU RAO, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R2 TO ACCEPT THE APPLICATION DATED 20.03.2024 FILING FOR REGISTRATION WITHOUT ANY CLARIFICATION FROM THE FOURTH RESPONDENT AND PLACE THE SAME BEFORE THE R2, WHICH IS PRODUCED AT ANNX-G AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:50785 WP No. 35316 of 2025 CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Learned AGA accepts notice for the respondents. 2. Petitioner is before this Court seeking for the following reliefs: "a) To direct the 2nd respondent to accept the application dated 20.03.2024 filing for registration without any clarification from the fourth respondent and place the same before the second respondent, which is produced at Annexure-G. b) To issue writ of mandamus directing the third respondent to place the application dated 20.03.2024 before second respondent Committee for registration under the provision of K.P.M.E. Act, which is produced at Annexure-G; c) To issue direction to the respondents not to interfere in practice of Alternative System of Medicine by the petitioner as per the Registration Certificate issued by the concerned authorities; d) To call for records and grant such other relief/s deems fit by this Hon'ble court." 3. The grievance of the petitioner is that the petitioner, being a doctor in Naturopathy and Yogic Science, having made an application under the Karnataka Private Medical Establishment Rules, 2009 for registration of the - 4 - HC-KAR NC: 2025:KHC:50785 WP No. 35316 of 2025 petitioner, the said application has not been considered and in fact not been placed before the Committee for such consideration. 4. The application, having been filed on 23.03.2024, in my considered opinion, could not have been kept pending for more than one and a half years. The same should have been placed before the Committee and necessary orders passed thereon in accordance with law. 5. In that view of the matter, I pass the following: ORDER i) Writ petition is allowed. ii) A mandamus is issued directing the third respondent to place the application of the petitioner dated 23.03.2024 before the Committee for registration within a period of 15 days from today, if not already placed/rejected and the Committee is directed to pass necessary orders on the same within a period of 30 days thereafter. Sd/- (SURAJ GOVINDARAJ) JUDGE VM List No.: 1 Sl No.: 14