- 1 - HC-KAR NC: 2025:KHC:46593 WP No. 27225 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 27225 OF 2025 (GM-RES) BETWEEN: DR. SHASHIDHARA KUMAR H S DIRECTOR AGED ABOUT 61 YEARS MANASA SLV HOSPITAL, BB ROAD, SHUSHRUSHA CAMPUS, OPP. ANJANEYA TEMPLE, YELAHANKA OLD TOWN, BANGALORE-560 064 KARNATAKA. …PETITIONER (BY SRI. MOHAN N C, ADVOCATE) AND: 1. NATIONAL MEDICAL COMMISSION REP. BY ITS SECRETARY, POCKET 14, SECTOR - 8, PHASE 1, DWARKA, NEW DELHI-110 077. 2. SRI. HEMANTH. P. S/O. LATE RADHAKRISHNA, AGED MAJOR, SMIG-B-NO. 199, 13TH BLOCK, 4TH PHASE, NEW TOWN, YELAHANKA, BANGALORE - 560 064, KARNATAKA. 3. KARNATAKA MEDICAL COUNCIL, REP. BY ITS REGISTRAR, 16/6, 2ND FLOOR, MILLER TANK BUND ROAD, VASANTHNAGAR, BANGALORE-560 052. …RESPONDENTS (BY SRI.N.KHETTY, ADVOCATE FOR R1; SRI.DORERAJU, ADVOCATE FOR R3; Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:46593 WP No. 27225 of 2025 V/O DTD 19/9/2025 NOTICE TO R2 STAND DEFERRED) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) DIRECTING THE 1ST RESPONDENT TO ASSIGN A NUMBER FOR THE APPEAL AT ANNEXURE-H FILED BY THE PETITIONER CHALLENGING THE ORDER DATED 21/06/2025 PASSED BY THE 3RD RESPONDENT IN KMC/ENQ/31/2018 AT ANNEXURE-D AND ETC., THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The Petitioner is before this Court seeking for the following reliefs; “a) Issue a Writ of Mandamus or any other appropriate Writ or Order or Direction directing the 1st Respondent to assign a number for the Appeal at Annexure-H filed by the Petitioner challenging the Order dated 21/06/2025 passed by the 3rd Respondent in KMC/ENQ/31/2018 at Annexure-D. b) Issue a Writ of Mandamus or any other appropriate Writ or Order or Direction directing the 1st Respondent to fix a date for consideration of the Appeal at Annexure -H and the Interlocutory Application, I.A. No. 1 filed by the Petitioner before the 1st Respondent under sec. 151 of CPC seeking ad-interim order of stay of operation of the Order dated 21/06/2025 at Annexure-A. c) Issue a Writ of Mandamus or any other appropriate Writ or Order or Direction directing the 1st Respondent to forthwith consider the Interlocutory Application, I.A. No. 1 filed by the Petitioner before the 1st Respondent under sec. 151 of CPC seeking ad-interim order of stay of operation of the Order dated 21/06/2025 at Annexure- A in the Appeal filed by the petitioner before the 1st - 3 - HC-KAR NC: 2025:KHC:46593 WP No. 27225 of 2025 Respondent at Annexure-H and to pass orders in accordance with law. d) Issue a Writ of Mandamus or any other appropriate Writ or Order or Direction directing the 3rd respondent not to give effect to the Order dated 21/06/2025 at Annexure-D until the 1st Respondent has passed orders in accordance with law on the Interlocutory Application, I.A. No. 1 filed by the Petitioner before the 1st Respondent at Annexure-A under sec 151 of CPC seeking ad-interim order of stay of operation of the Order dated 21/06/2025. e) Pass such other just and suitable Order/s in the facts and circumstances of the case and in the interest of Justice and equity and award costs of the above Petition.” 2. During pendency of the above matter, Respondent No.1 has assigned a number to the appeal filed by the petitioner and considered the application filed by the petitioner in I.A.No.1 and granted a stay. Hence, the reliefs which have been sought for by the petitioner have been substantially being complied with by the Respondent during pendency of the above matter. 3. Learned counsel for the Petitioner submits that no date has been fixed for hearing the appeal. - 4 - HC-KAR NC: 2025:KHC:46593 WP No. 27225 of 2025 4. Once pleadings are completed, Respondent No.1 would fix a date for final hearing, the Petitioner cannot have a grievance insofar as that is concerned, at this stage, once his interlocutory application for stay has been considered and an order of stay has been passed in favour of the petitioner. Hence, the petition stands disposed directing Respondent No.1 to take up the appeal and dispose of the matter as expeditiously as possible. SD/- (SURAJ GOVINDARAJ) JUDGE KTY List No.: 1 Sl No.: 58