IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24^TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 34497 OF 2025 (GM-RES)

BETWEEN:

DR. PARMESHA K.P S/O SRI. PANCHALINGACHAR K.N AGE ABOUT 54 YEARS SHREE MANJUNATHA CLINIC GODDANAPURA, NANJANGUD TALUK MYSURU DISTRICT - 571 302.

…PETITIONER (BY SRI. PRAKASHA M, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY HEALTH DEPARTMENT, VIKASA SOUDHA Digitally signed BANGALORE - 560 001.

by SHWETHA RAGHAVEN DRA Location: HIGH

2. THE DEPUTY COMMISSIONER COURT OF KARNATAKA AND CHAIRMAN OF REGISTRATION COMMITTEE FOR KARNATAKA PRIVATE MEDICAL ESTABLISHMENT MYSURU DISTRICT MYSURU - 570 001.

3. THE DISTRICT HEALTH AND FAMILY WELFARE OFFICER MYSURU DISTRICT, MYSURU - 570 001.

4. DIRECTOR DEPARTMENT OF HEALTH AND FAMILYL WELFARE SERVICE, ANAND RAO CIRCLE BANGALORE - 560 009.

5. THE TALUK HEALTH AND FAMILY WELFARE OFFICER NANJANGUD TALUK MYSURU DISTRICT - 570 001.

…RESPONDENTS (BY SMT. SARITHA KULKARNI, AGA FOR R1 TO R5)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER THE ONLINE APPLICATION DATED 08.03.2024 AND PHYCIAL SUBMITTED ON 21.03.2024 VIDE ANNX-J OF PETITIONER FOR REGISTRATION OF THEIR MEDICAL ESTABLISHMENT WITHIN TIME BOUND PERIOD, ETC., THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

ORAL ORDER

1. Learned Additional Government Advocate accepts notice for respondent Nos.1 to 5.

2. Petitioner is before this Court seeking for the following reliefs:

"a) Issue a writ of Mandamus directing the respondents to consider the online application dated 08.03.2024 and physical submitted on 21.03.2024 Vide Annexure-J, of the petitioner for registration of their medical establishment within time bound period.

b) Issue a writ in the nature of mandamus directing the respondents not to interfere in the petitioner's practice at his medical establishments till the application of the petitioner are considered in accordance with law.

c) Issue such other appropriate writ, order or directions as this Hon'ble curt deems fit under the circumstances of the case in the interest of justice and equity."

3. The grievance of the petitioner is that the Online application which has been submitted by the petitioner on 08.03.2024 and physically, on 21.03.2024 for registration of the petitioner's establishment under the Karnataka Private Medical Establishments Act, 2007, has still not been considered.

4. An application filed under Section 5 of the Karnataka Private Medical Establishments Act, 2007, is required to comply with the requirements under Section 6 and disposal of the said application is governed by Section 7 of the Karnataka Private Medical Establishments Act, 2007.

5. Sub-section (1) of Section 7 makes it clear that, on receipt of an application under Section 5, the Registration and Grievance Redressal Authority may having regard to the provisions of Section 6 and after such enquiry as may be necessary, by an Inspection Committee, either grant registration subject to the conditions as may be prescribed or reject the application within ninety days from the date of receipt of the complete application in all respects. Proviso to sub-Section (1) of Section 7 mandates that, in case of any delay beyond ninety days, the registration shall be deemed to have been granted.

6. In the present case, the Online application having been made on 08.03.2024, and physical application submitted on 21.03.2024, till date, there is no rejection of the application nor any demand of clarification or the like has been made by respondent authorities on the petitioner.

7. In that view of the matter, I am of the considered opinion that Proviso to sub-Section (1) of Section 7 would get attracted, thereby bringing into effect the deeming fiction under the said proviso.

8. In that view of the matter, there would not be an