PRASHANT HANAMANT THAKKANNAVAR v. STATE OF KARNATAKA
WP/109821/2025 · 2026-01-28
Lalitha Kanneganti
body2026
DailyLaw.ai
[ 2026 DAILYLAW 54052 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 54052 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC-D:1027 WP No. 109821 of 2025
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 28TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO.109821 OF 2025 (GM-RES) BETWEEN:
PRASHANT HANAMANT THAKKANNAVAR S/O. HANAMANT THAKKANNAVAR, AGED ABOUT 31 YEARS, RESIDING AT: BADBYAKUDA, RAIBAG, ALAKNUR, BELAGAVI, KARNATAKA-591220.
…PETITIONER (BY SRI. ANIRUDH A.KULKARNI, ADVOCATE)
AND:
1.
STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HEALTH AND FAMILY WELFARE, GOVERNMENT OF KARNATAKA, VIKASA SOUDHA, DR. BR 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, BELAGAVI DISTRICT, DISTRICT HEALTH AND FAMILY WELFARE OFFICE, BELAGAVI DISTRICT-590001.
4.
THE ADMINISTRATIVE MEDICAL OFFICER, PRIMARY HEALTH CENTRE, HARUGERI, RAYBAG TALUK, BELAGAVI DISTRICT-591220.
Digitally signed by YASHAVANT NARAYANKAR Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC-D:1027 WP No. 109821 of 2025
5.
THE ASSISTANT DRUGS CONTROLLER, DRUGS CONTROL DEPARTMENT, BELAGAVI CIRCLE, UDAYA BUILDING NO.5, DR. S.P.M. ROAD, BELAGAVI-590006.
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 SRI. T.HANUMAREDDY, ADDL. GOVT. ADV.FOR R1 TO R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF 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.26 TO 28 IN SO FAR PETITIONERS CONCERNED 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 CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OF DIRECTION QUASHING THE IMPUGNED GOVERNMENT
ORDER BEARING NO.PRA.AA.KEM.HA/16/2025-26 DATED 25.06.2025 AT ANNEXURE - L ISSUED BY THE RESPONDENT NO.4 AT PAGE NOS.50 IN SO FAR PETITIONER CONCERNED. C) ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OF DIRECTION QUASHING THE IMPUGNED GOVERNMENT
ORDER BEARING NO.PRA.AA.KEM.HA/23/2025-26 DATED 05.08.2025 AT ANNEXURE - M ISSUED BY THE RESPONDENT NO.4 AT PAGE NOS.51 IN TO FOR PETITIONER CONCERNED. D) 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 IN SO FAR PETITIONER CONCERNED AND ETC.,.
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HC-KAR NC: 2026:KHC-D:1027 WP No. 109821 of 2025
THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
ORAL ORDER
The present writ petition is filed seeking the following prayer:
“PRAYER
WHEREFORE, it is most respectfully prayed that this Hon’ble Court be graciously pleased 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. 26 to 28 in so far petitioner concerned 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 CERTIORARI or any other appropriate writ,
order of direction quashing the impugned Government
Order bearing No. Pra.Aa.Kem.Ha/16/2025-26 dated 25.06.2025 at Annexure - L issued by the Respondent No. 4 at Page Nos.50 in so far petitioner concerned.
C) ISSUE A WRIT OF CERTIORARI or any other appropriate writ,
order of direction quashing the impugned Government
Order bearing No. Pra.Aa.Kem.Ha/23/2025-26 dated 05.08.2025 at Annexure - M issued by the Respondent No. 4 at Page Nos.51 in so far petitioner concerned.
D) 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
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HC-KAR NC: 2026:KHC-D:1027 WP No. 109821 of 2025
operate Kendra located within the premises of the Respondent No. 4 in so far petitioner concerned.
2. Learned counsel appearing for the petitioner has filed a memo before this Court stating that in an identical matter i.e., WP.No.105933/2025, a Co-ordinate Bench of this Court had passed order dated 10.12.2025 and the petitioner before this Court is entitled for the same order.
3. Learned Additional Government Advocate appearing for the respondents does not deny the same.
4. In the light of the order passed by the Co-ordinate Bench of this Court in WP.No.105933/2025 dated 10.12.2025, this Court is passing the following order:
ORDER
i. Accordingly, the writ petition is allowed. ii.
Order dated 14-05-2025 issued by the 1st respondent, as also the orders dated 25.06.2025 and 05.08.2025 issued by the 4th respondent stand quashed. iii. All consequential actions taken pursuant to the aforesaid orders also stand quashed.
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HC-KAR NC: 2026:KHC-D:1027 WP No. 109821 of 2025
iv. The respondents are directed not to interfere with the petitioner to operate Kendra located within the premises of respondent No.4. v. All I.As. in this petition shall stand closed.
Sd/- JUSTICE LALITHA KANNEGANTI
MEG CT: UMD List No.: 1 Sl No.: 83