Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC-D:809 WP No. 109822 of 2025
IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 22ND DAY OF JANUARY, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO.109822 OF 2025 (GM-RES) BETWEEN:
VISHWANATH PT S/O. PANDURANGAPPA, AGED ABOUT 48 YEARS, RESIDING AT #83, BANASHRI NILAYA, BANASHANKARI TEMPLE STREET, TUMMINAKATTI, HAVERI, KARNATAKA-581119. …PETITIONER (BY SRI. ANIRUDH A. KULKARNI AND SRI. VASIST RAMPRASAD, ADVOCATES)
AND:
1.
STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HEALTH AND FAMILY WELFARE, GOVERNMENT OF KARNATAKA, VIKASA SOUDHA, DR. B R AMBEDKAR VEEDHI, BENGALURU-560001.
2.
THE COMMISSIONER, COMMISSIONERATE OF HEALTH AND FAMILY WELFARE SERVICES, AROGYA SOUDHA, 1ST BLOCK, MAGADI ROAD, BENGALURU-560023.
3.
THE DISTRICT HEALTH OFFICER, HAVERI DISTRICT, ZILLADALITA BHAVAN DEVAGIRI, HAVERI, KARNATAKA-581110.
Digitally signed by YASHAVANT NARAYANKAR Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC-D:809 WP No. 109822 of 2025
4.
THE MEDICAL OFFICER PRIMARY HEALH CENTRE, TUMMINAKATTI, RANEBENNUR TALUK, HAVERI DISTRICT-581110.
5.
THE ASSISTANT DRUGS CONTROLLER DRUGS CONTROL DEPARTMENT, HAVERI CIRCLE, 1ST CROSS, B BLOCK, BASAVESHWARA NAGAR, HAVERI-581110.
6.
PHARMACEUTICALS AND MEDICAL DEVICES BUREAU OF INDIA (PMBI), REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, HAVING OFFICE AT 8TH FLOOR, VIDEOCON TOWER, BLOCK E1, JHANDEWALAN EXTENSION, NEW DELHI-110055. …RESPONDENTS (BY SMT. GIRIJA HIREMATH, HCGP FOR R1 TO R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A) ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OF DIRECTION QUASHING THE IMPUGNED GOVERNMENT
ORDER BEARING NO. Aa.Ku.Ka. 173 PTD 2025 DATED 14.05.2025 AT ANNEXURE - A ISSUED BY THE RESPONDENT NO. 1 AT PAGE NOS. 25 TO 27 AS BEING ARBITRARY, DISCRIMINATIVE AND VIOLATIVE OF PRINCIPLES OF NATURAL JUSTICE AND FUNDAMENTAL RIGHTS GUARANTEED UNDER THE CONSTITUTION OF INDIA, 1950 AND THE LAW LAID DOWN BY HON'BLE SUPREME COURT OF INDIA. B ) ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATEWRIT, ORDER OR DIRECTION RESTRAINING THE RESPONDENTS, THEIR AGENTS, SERVANTS OR ANYONE CLAIMING THROUGH THEM FROM REVOKING THE PERMISSION GRANTED TO THE PETITIONER TO OPERATE THE KENDRA LOCATED WITHIN THE PREMISES OF THE RESPONDENT NO.
4. C) PASS SUCH OTHER ORDER AS THIS HON'BLE COURT MAY DEEM FIT IN THE FACTS AND CIRCUMSTANCES OF THIS CASE, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM:
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
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HC-KAR NC: 2026:KHC-D:809 WP No. 109822 of 2025
ORAL ORDER
The present writ petition is filed seeking the following prayer:
“A) ISSUE A WRIT OF CERTIORARI or any other appropriate writ, order of direction quashing the impugned Government Order bearing No. Aa.Ku.Ka.
173 PTD 2025 dated 14.05.2025 at ANNEXURE - A issued by the Respondent No. 1 at Page Nos. 25 to 27 as being arbitrary, discriminative and violative of principles of natural justice, and fundamental rights guaranteed under the Constitution of India, 1950 and the law laid down by Hon'ble Supreme Court of India.
B) ISSUE A WRIT OF MANDAMUS or any other appropriate writ, order or direction restraining the Respondents, their agents, servants or anyone claiming through them from revoking the permission granted to the Petitioner to operate the Kendra located within the premises of the Respondent No. 4;
C) Pass such other order as this Hon'ble Court may deem fit in the facts and circumstances of this case, in the interest of justice and equity.”
2.
Learned counsel appearing for the petitioner submits that, this issue is fairly covered by an order passed by the Co- ordinate Bench of this Court in Writ Petition No.105933/2025 and connected matters.
3. Learned High Court Government Pleader appearing for the respondents does not dispute the fact. However, it is submitted that, they have preferred a writ appeal against the
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HC-KAR NC: 2026:KHC-D:809 WP No. 109822 of 2025
order passed by the Co-ordinate Bench of this Court in Writ Petition No.105933/2025 and connected matters and the same is pending consideration.
4. Having heard the learned counsels on either side, perused the order that is passed by the Co-ordinate Bench of this Court in Writ Petition No.105933/2025 and connected matters. There is no dispute about the fact that, in the appeal, no interim
order is passed by the Division Bench. In that view of the matter, in light of the order dated 10.12.2025 passed by the Co-ordinate Bench of this Court in Writ Petition No.105933/2025 and connected matters, this Court is passing the following:
ORDER (i) Accordingly, the writ petition is disposed of. (ii) The impugned order bearing No. Aa.Ku.Ka 173 PTD 2025 dated 14.05.2025 issued by the 1st respondent stands quashed. (iii) All consequential actions taken pursuant to the aforesaid order also stand quashed. (iv) Mandamus issued to the respondents not to interfere with the petitioner continuing with
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HC-KAR NC: 2026:KHC-D:809 WP No. 109822 of 2025
the Janaushadhi Kendra at the premises allotted to him in the Government Hospital. (v) All I.As. in this writ petition shall stand closed.
SD/- JUSTICE LALITHA KANNEGANTI
RH CT:UMD List No.: 2 Sl No.: 16