- 1 - HC-KAR NC: 2026:KHC-D:810 WP No. 109945 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.109945 OF 2025 (GM-RES) BETWEEN: PRIYANKA SURAJ KUMBAR W/O. SURAJ ASHOK KUMBAR, AGED ABOUT 34 YEARS, RESIDING AT. #75/1, TALUK: ATHANI, NEAR ANGAN WADI KEMPAWAD, MANGASULI, MANDSULI, ATHI BELAGAVI, KARNATAKA-591234. …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. 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, BELAGAVI DISTRICT, ZILLA PANCHAYAT, BELAGAVI, DISTRICT HEALTH AND FAMILY WELFARE OFFICER, BELAGAVI-590006. Digitally signed by YASHAVANT NARAYANKAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC-D:810 WP No. 109945 of 2025 4. THE ADMINISTRATIVE MEDICAL OFFICER, COMMUNITY HEALTH CENTER, KAGAWAD, ATHANI TALUK, BELAGAVI DISTRICT-591223. 5. THE ASSISTANT DRUGS CONTROLLER DRUGS CONTROL DEPARTMENT, BELAGAVI CIRCLE, UDAYA BUILDING NO.5, DR. SPM ROAD, BELAGAVI-590001. 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 WP 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. 26 TO 28 IN SO FAR AS 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 HONBLE SUPREME COURT OF INDIA. B) ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION QUASHING THE IMPUGNED OFFICIAL MEMORANDUM BEARING NO. Sa.Aa.Ke/Ka/53/2025-26 DATED 20.06.2025 ISSUED BY THE RESPONDENT NO.4 AT ANNEXURE M, IN SO FAR PETITIONER CONCERNED AT PAGE NO.53. C) 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. D) PASS SUCH OTHER ORDER AS THIS HONBLE COURT MAY DEEM FIT IN THE FACTS AND CIRCUMSTANCES OF THIS CASE, IN THE INTEREST OF JUSTICE AND EQUITY. - 3 - HC-KAR NC: 2026:KHC-D:810 WP No. 109945 of 2025 THIS PETITION, COMING ON FOR ORDERS 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: “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 as 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 Honble Supreme Court of India. B) ISSUE A WRIT OF CERTIORARI or any other appropriate writ, order or direction quashing the impugned official memorandum bearing No. Sa.Aa.Ke/Ka/53/2025-26 dated 20.06.2025 issued by the Respondent No.4 at ANNEXURE-M, in so far petitioner concerned at Page No.53. C) 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. D) Pass such other order as this Honble 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- - 4 - HC-KAR NC: 2026:KHC-D:810 WP No. 109945 of 2025 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 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. - 5 - HC-KAR NC: 2026:KHC-D:810 WP No. 109945 of 2025 (ii) The impugned order bearing No. Aa.Ku.Ka. 173 PTD 2025 dated 14.05.2025 issued by the 1st respondent, as also the order bearing No. Sa.Aa.Ke/Ka/53/2025-26 dated 20.06.2025 issued by the 4th respondent stand quashed. (iii) All consequential actions taken pursuant to the aforesaid orders also stand quashed. (iv) Mandamus issued to the respondents not to interfere with the petitioner continuing with the Janaushadhi Kendra at the premises allotted to her 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.: 18