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2026 DAILYLAW 17741 (KAR)

DR AMEENUDDIN GOUDA v. THE STATE OF KARNATAKA

WP/12271/2026 · 2026-04-22

Sachin Shankar Magadum

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:22000 WP No. 12271 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 12271 OF 2026 (GM-RES) BETWEEN: DR. AMEENUDDIN GOUDA S/O SRI. KHADIR MEERAN GOUDA AGED ABOUT 73 YEARS, AMEEN CLINIC, MAVALLI-I, BHATKAL ANTIONAL COLONY, MURDESHWAR, UTTARA KANNADA DISTRICT - 581 350. …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 COMMITTEE FOR KARNATAKA PRIVATE MEDICAL ESTABLISHMENT, UTTARA KANNADA-DISTRICT - 581 350. 3. THE DISTRICT HEALTH AND FAMILY WELFARE OFFICER, UTTARA KANNADA-DISTRICT - 581 350. Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:22000 WP No. 12271 of 2026 4. THE DISTRICT SECRETARY DISTRICT AYUSH OFFICER, UTTARA KANNADA-DISTRICT - 581 350. 5. THE TALUK HEALTH OFFICER GOVERNMENT HOSPITAL BHATKAL-TALUK UTTARA KANNADA-DISTRICT - 581 350. …RESPONDENTS (BY SMT. NAVYA SHEKAR, AGA) THIS WP IS FILED UNDER ARTICLES 226 AD 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) DIRECT THE SECOND RESPONDENT TO ACCEPT THE APPLICATION DATED 23.02 2024 FILING FOR REGISTRATION WITHOUT ANY CLARIFICATION FROM THE FOURTH RESPONDENT AND PLACE THE SAME BEFORE THE SECOND RESPONDENT, WHICH IS PRODUCED AT ANNEXURE-E AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER The grievance projected in the present writ petition lies in a narrow compass. The petitioner asserts that he has established a medical facility and is desirous of bringing the same within the statutory fold of the Karnataka Private Medical - 3 - HC-KAR NC: 2026:KHC:22000 WP No. 12271 of 2026 Establishments Act, 2007 (for short, ‘the 2007 Act’). It is contended that an application dated 23.02.2024 was submitted before respondent No.2 seeking registration of the said establishment. However, according to the petitioner, despite lapse of considerable time, the said application has not been adverted to, thereby compelling the petitioner to invoke the extraordinary jurisdiction of this Court seeking a writ of mandamus on the ground of administrative inaction. 2. Per contra, learned Additional Government Advocate, on instructions, would submit that the very premise on which the writ petition is founded is misconceived. It is pointed out that under the prevailing regulatory framework governing registration under the 2007 Act, the process has been completely digitised and applications are required to be submitted only through the designated online portal along with requisite documents. It is therefore contended that a physical representation or offline application, as claimed by the petitioner, does not constitute a valid application in the eye of law and consequently, the question of consideration of such an application does not arise. The alleged inaction, therefore, is - 4 - HC-KAR NC: 2026:KHC:22000 WP No. 12271 of 2026 sought to be justified on the ground of non-compliance with the prescribed procedure. 3. Having heard the learned counsel for the parties and on perusal of the material on record, this Court is of the considered view that the relief sought cannot be granted in the manner as prayed for by the petitioner. At the same time, the grievance of the petitioner cannot be brushed aside in its entirety. If the statutory scheme mandates submission of an application through an online mode, the petitioner necessarily has to comply with such procedural requirement. However, in order to balance the equities and to ensure that the petitioner is not non-suited on technical grounds, it would be just and appropriate to reserve liberty in favour of the petitioner to submit a fresh application through the online portal in accordance with law. In the event such an application is submitted, the respondent–Authority is obligated to consider the same expeditiously within a reasonable time frame. ORDER (i) The writ petition is allowed in part; - 5 - HC-KAR NC: 2026:KHC:22000 WP No. 12271 of 2026 (ii) The petitioner is reserved with liberty to submit an online application through the prescribed portal under the provisions of the Act, 2007, along with all requisite documents; (iii) If such an online application is submitted, respondent No.2 shall consider the same in accordance with law and pass appropriate orders, strictly in accordance with the provisions of the Act 2007 and Rules framed thereunder, as expeditiously as possible and in any event, not later than a period of three months from the date of submission of the online application. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE HDK List No.: 1 Sl No.: 17