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2025 Supreme(Online)(Kar) 38306

THE HIGH COURT OF KARNATAKA
M.NAGAPRASANNA
KARNATAKA ELECTRO HOMEOPATHY RESEARCH AND DEVELOPMENT ASSOCIATION - R- – Appellant
Versus
THE STATE OF KARNATAKA – Respondent
WP 107126/2025



IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 21ST DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 107126 OF 2025 (GM-RES)

BETWEEN:

1. KARNATAKA ELECTRO HOMEOPATHY RESEARCH AND DEVELOPMENT ASSOCIATION (R)

MR. LAYOUT, GADANGADA KERI, NEAR SADIA SCHOOL, SHIRALAKOPPA, SHIVAMOGGA 577428, REP. BY ITS PRESIDENT, MR. EHTESHAM U1 HAQ,PRESIDENT, MR. RAVI HUDED, JOINT SECRETARY, REGD. UNDER KARNATAKA SOCIETIES, REGISTRATION ACT, 1960.

2. J. MAHESH S/O. RAMANNA GOUD AGE: 37 YEARS, OCC. ELECTRO HOMEOPATHY PRACTITIONER, R/O. SRI. BASAVESHWARA NILAYA, SATHYAVANI NAGAR, BELLARY-583104.

Digitally signed by VISHAL

3. T. VIRUPAKSHA S/O. T. VENKATARAMANA NINGAPPA PATTIHAL AGE: 40 YEARS, Location: High Court of Karnataka, OCC: ELECTRO HOMEOPATHY PRACTITIONER, Dharwad Bench, R/O. K VEERAPURA, Dharwad HAGARIBOMMANAHALLI, DIST: BELLARY-583111.

4. K. RAMKUMAR S/O. KAMSALI ERANNA AGE: 41 YEARS, OCC: ELECTRO HOMEOPATHY PRACTITIONER, R/O: NIDUGURTHI, SANDUR, DIST: BELLARY 583124.

…PETITIONERS (BY MISS. VAIBHAVI INAMDAR, ADVOCATE FOR SRI. DINESH KULKARNI, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HEALTH AND FAMILY WELFARE, VIKASA SOUDHA, BENGALURU 560001.

2. COMMISSIONERATE OF HEALTH AND FAMILY WELFARE SERVICES AROGYA SOUDHA

1ST MAIN ROAD, MAGADI ROAD, BENGALURUL 560023, REP. BY ITS COMMISSIONER/DIRECTOR

3. THE DEPUTY COMMISSIONER AND PRESIDENT K. P. M. E. ACT, D. C. COMPOUND, BELAGAVI 590001

4. THE SECRETARY AND DISTRICT HEALTH OFFICER OFFICE OF HEALTH AND FAMILY WELFARE DISTRICT K.P.M.E ACT REGISTRATION AND GRIEVANCES AUTHORITY, BELLARY 583101. …RESPONDENTS (BY SRI.T.HANUMAREDDY, AGA)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO:

A) TO ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING PROCEEDINGS OF THE COMMITTEE OF RESPONDENT NO. 3 DTD. 29.08.2025 VIDE ANNEXURE-P AND NOTICE BEARING NO. K.P.M.E-27/2025-26 DTD. 11.09.2025 ISSUED BY THE 4TH RESPONDENT VIDE ANNEXURE- Q, Q1 AND Q2 AS NULL AND VOID AND PASS APPROPRIATE ORDERS.

B) TO ISSUE WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS NOT TO INTERFERE WITH THE PETITIONER PRACTICE OF ELECTRO HOMEOPATHY.

THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN B GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA)

1. The petitioner is before this Court seeking the following reliefs:

“A) To issue a Writ in the nature of Certiorari quashing proceedings of the committee of Respondent No.3 dtd: 29.08.2025 vide Annexure-P and Notice bearing No. K.P.M.E-27/2025-26 dtd. 11.09.2025 issued by the 4th Respondent vide Annexure- Q, Q1 and Q2 as null and void and pass appropriate orders.

B) To issue Writ in the nature of Mandamus directing the Respondents not to interfere with the Petitioner’

practice of Electro Homeopathy.

C) To issue any other Writ/ direction which this Hon’ble Court deems fit under the fact and circumstances of the case in the interest of justice and equity.”

2. Heard Miss Vaibhavi Inamdar for Shri Dinesh Kulkarni, Learned counsel appearing for the petitioners; Shri T.Hanumareddy, learned AGA appearing for respondent Nos.1 to 4.

3. The petitioners, an Association of Karnataka Electro Homeopathy Research and Development are before this Court along with other Electro Homeopathy Practitioners calling in question the action of the State in seizing the equipments at the time when the petitioners' association and its members were conducting workshop.

4. Learned counsel for the petitioners submits that notwithstanding the petitioners being entitled and qualified to conduct such workshop, the seizure happens and not stopping at that, cost of ₹1,00,000/- is also imposed upon the petitioners apart from directing criminal proceedings to be initiated against them.

5. Learned counsel Miss Vaibhavi Inamdar, taking this Court through the documents appended to the petition, seeks to demonstrate the qualification of these petitioners as also

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