- 1 - HC-KAR NC: 2026:KHC:4245 WP NO.5504 OF 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO.5504 OF 2020 (GM-RES) BETWEEN: RAGHUPATHI M. @ RAGHURAM S/O PRASAD AGED ABOUT 33 YEARS, R/AT DODDAKADATHUR VILLAGE AND POST, MALUR TALUK, KOLAR DISRICT - 563 130. …PETITIONER (BY SRI. BASANAGOUDA S. SORATURU, ADVOCTE FOR SRI. VIRUPAKSHAIAH P.H., ADVOCATE) AND: 1. ST. MARY'S HOSPITAL P.O. BOX NO.16, GUDNAHALLI ROAD, MALUR, KOLAR DISTRICT - 563 130. REPRESENTED BY ITS PRESIDENT. 2. DR. RAMYA SHANKAR KMC REG NO.61088, ST. MARY'S HOSPITAL, P.O. BOX NO.16, GUDNAHALLI ROAD, MALUR, KOLAR DISTRICT - 563 130. 3. DR. FOUZIA KOUSA ST. MARY'S HOSPITAL, PO BOX NO.16, GUDNAHALLI ROAD, MALUR, KOLAR DISTRICT - 563 130. Digitally signed by ARUNKUMAR M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:4245 WP NO.5504 OF 2020 4. DR. VIDYANAND PRASAD ANESTHETIST, ST. MARY'S HOSPITAL, P.O. BOX NO.16, GUDNAHALLI ROAD, MALUR, KOLAR DISTRICT - 563 130. 5. THE KARNATAKA MEDICAL COUNCIL NO.16/6, II FLOOR, MILLER TANK BED AREA, VASANTHNAGAR, BENGALURU - 560 052. REPRESENTED BY ITS PRESIDENT. …RESPONDENTS (BY SRI. SUHAS GOWDA M., ADVOCATE FOR SRI. MUNIYAPPA.,ADVOCATE FOR R1 TO R3; SRI. DORE RAJ B.H., ADVOCATE FOR R5 R2 AND R4 - SERVED AND UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH ORDER DATED 03.11.2018 AND CORRIGENDUM DATED 05.12.2018 PASSED BY THE RESPONDENT NO.5-AUTHORITY VIDE ANNEXURE-M; QUASH THE ENDORSEMENT DATED 21.06.2019 VIDE ANNEXURE-P BY DIRECTING THE RESPONDENT NO.5-AUTHORITY TO CONSIDER THE COMPLAINT DATED 12.06.2019 VIDE ANNEXURE-N AND PASS APPROPRIATE ORDERS IN ACCORDANCE WITH LAW; AND ETC. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL ORAL ORDER The petitioner is before this Court seeking following relief: "(a) Issue writ in the nature of Certiorari or any other Writ or Order or Direction in the similar nature quashing impugned Order dated 03.11.2018 and corrigendum dated 05.12.2018 bearing No.KMC/20 - 3 - HC-KAR NC: 2026:KHC:4245 WP NO.5504 OF 2020 Exp/Doct/2018 vide Annexure-M passed by 5th respondent authority; (b) Issue writ in the nature of Certiorari or any other Writ or Order or Direction in the similar nature quashing the Endorsement dated 21.06.2019 vide Annexure-P by directing the 5th respondent authority to consider the complaint dated 12.06.2019 vide Annexure-N and pass appropriate orders in accordance with law.” 2. Learned counsel appearing for the petitioner contended that, despite there being a medical negligence committed by the respondent No.1-Hospital, the respondent No.5-Karnataka Medical Council, without conducting an enquiry, had issued opinion at Annexure-M, holding that there is no medical negligence in treating the patient at the respondent No.1-Hospital. 3. The issue raised in this petition involves determination of questions of facts more particularly with regard to alleged medical negligence and deficiency of service. 4. Learned counsel for the respondent No.1 at this juncture submits that the petitioner has already approached the - 4 - HC-KAR NC: 2026:KHC:4245 WP NO.5504 OF 2020 Karnataka State Consumer Redressal Commission in Complaint No.93/2021 and same is pending consideration. 5. Learned counsel for the petitioner does not dispute the said submission of the learned counsel appearing for the respondent No.1, however, he seeks liberty to raise and urge all contentions in pending complaint No.93/2021 before the Karnataka State Consumer Redressal Commission. Submission is taken on record. 6 In that view of the matter, notwithstanding the opinion/order at Annexure-M, reserving liberty to the petitioner to raise and urge all contentions in the pending case before the Consumer Redressal Commission as permissible under law, writ petition is disposed of. SD/- (M.G.S. KAMAL) JUDGE ARK List No.: 1 Sl No.: 5