IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27^TH DAY OF OCTOBER, 2025 R BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 29432 OF 2025 (GM-RES)

BETWEEN:

DR. REKHA RAVISHANKAR @ S REKHA W/O R RAVI SHANKAR, AGED ABOUT 57 YEARS, RESIDING AT NO. 426/37

56^TH CROSS, 3^RD BLOCK, RAJAJINAGAR, BANGALORE - 560010 HAVING CLINIC AT SHREYAS CLINIC NO. 128/B, 1ST MAIN ROAD, KRISHNANDANAGAR, NANDINI LAYOUT, BENGALURU - 560096 …PETITIONER (BY SRI. SHIVA SRINIVASAN.,ADVOCATE)

AND:

Digitally signed 1. THE STATE OF KARNATAKA by SHWETHA REPRESENTED BY PRINCIPAL RAGHAVENDRA SECRETARY TO GOVERNMENT, Location: HIGH COURT OF HEALTH AND FAMILY WELFARE DEPARTMENT, KARNATAKA NO.105, 1ST FLOOR, VIKASA SOUDHA, BENGALURU - 560001.

2. THE DEPUTY COMMISSIONER AND CHAIRMAN OF REGISTRATION COMMITTEE FOR KARNATAKA PRIVATE MEDICAL ESTABLISHMENT HEALTH AND FAMILY WELFARE SERVICES, AROGYA SOUDHA, 4TH FLOOR, MAGADI ROAD, BANGALORE - 560023.

3. DIVISIONAL JOINT DIRECTOR (BANGALORE CITY)

HEALTH AND FAMILY WELFARE SERVICES, AROGYA SOUDHA, 4TH FLOOR, MAGADI ROAD, BANGALORE - 560023.

4. DEPUTY DIRECTOR - 01 AUTHORITY UNDER THE K.P.M.E., WEST ZONE, HEALTH AND FAMILY WELFARE SERVICES, AROGYA SOUDHA, 4^TH FLOOR, MAGADI ROAD, BANGALORE - 560023.

…RESPONDENTS (BY SRI. SIDDARTH BABURAO., AGA FOR R1 TO R4)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI TO QUASH THE IMPUGNED NOTICE DATED 30/07/2025 AT ANNX-A ISSUED BY THE RESPONDENT NO. 4 BEARING NO.

DJD/BAMNA/UNI-K.P.M.E/11/24-25 AND ETC.

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

CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

ORAL ORDER

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

I. To Issue a writ of certiorari to quash the Impugned Notice dated 30.07.2025 at Annexure-A issued by the R4 bearing No. DJD/Bamna/Uni-

1/K.P.M.E/11/24-25.

II. Issue a writ of mandamus to the Respondent No.2 to grant the license to the petitioner’s clinic on the Application No.39320 and CR No.49242 dated 22.03.2024 at Annexure-C as ‘deemed’ as per the proviso of Section 7(1) of Karnataka Private Medical Establishments Act 2007.

III. Pass any further order(s), direction(s), which this Hon’ble Court may deem fit and proper in the interest of justice and equity.

2. The petitioner claims to be a qualified Medical Practitioner and is registered with the Karnataka Ayurvedic and Unani Practitioners’ Board with Registration No.10247. The petitioner, in order to establish a clinic had made an application on 22.03.2024 through the online portal, which came to be numbered as Application No.39320 and CR No.49242 for registration of the clinic under Subsection (1) of Section 7 of the Karnataka Private Medical Establishment Act, 2007 [hereinafter referred to ‘KPME Act’].

3. The petitioner on 30.07.2025 received a phone call from respondent No.4 stating that they would come to the petitioner's clinic for inspection and thereafter, on that day had issued a notice to the petitioner to close the clinic, despite the petitioner contending that there is a deemed sanction of registration in favour of the petitioner, it is in that background that the petitioner is before this court seeking for the aforesaid reliefs.

4. The only reasons why the respondent had called upon the petitioner to close the clinic was that it was not registered, and no registration certificate, and also the biomedical waste was not maintained in a proper manner as per the requisite guidelines.

5. Learned counsel for the petitioner, though submitted that the biomedical waste is now being disposed of in the required manner, it would still require for the respondent to ascertain if the same is being done in a proper manner.

6. Subsection (1) of Section 7 of the KPME Act is reproduced hereunder for easy reference:

7. Disposal of applications.- (1) On receipt of an application under section 5 the Registration and Grievance Redressa