IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 8^TH DAY OF DECEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

WRIT PETITION NO. 35331 OF 2025 (GM-RES)

BETWEEN:

DR. A. A. MURALIDHARSWAMY

S/O. LATE A.V. ALWAR

AGED ABOUT 57 YEARS,

SRI LAKSHMI CLINIC,

MODUR, BOOKANAKARE HOBLI,

K.R PETE TALUK,

MANDYA DISTRICT - 571 426.

…PETITIONER

(BY SRI. M. PRAKASH, ADVOCATE AND

SRI. N.R. NAIK, ADVOCATES)

AND:

1. THE STATE OF KARNATAKA

REPRESENTED BY ITS SECRETARY

HEALTH DEPARTMENT,

VIKASA SOUDHA,

Digitally signed

BANGALORE - 560 001.

by SHWETHA

RAGHAVENDRA

Location: HIGH 2. THE DEPUTY COMMISSIONER

COURT OF

KARNATAKA AND CHAIRMAN OF REGISTRATION

COMMITTEE FOR KARNATAKA PRIVATE MEDICAL

ESTABLISHMENT

MANDYA DISTRICT - 571 401

3. THE DISTRICT HEALTH AND FAMILY WELFARE

OFFICER,

MANDYA DISTRICT - 571 401

4. THE DISTRICT SECRETARY,

DISTRICT AYUSH OFFICER,

MANDYA DISTRICT - 571 401.

5. THE TALUK HEALTH OFFICER, K.R PETE GOVERNMENT HOSPITAL, K.R PETE TALUK, MANDYA DISTRICT - 571 401.

…RESPONDENTS (BY SRI. SIDDARTH BABURAO, AGA)

***

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) TO DIRECT THE 2^ND RESPONDENT TO ACCEPT THE APPLICATION DATED 29.08.2025 FILING FOR REGISTRATION WITHOUT ANY CLARIFICATION FROM THE FOURTH RESPONDENT AND PLACE THE SAME BEFORE THE SECOND RESPONDENT, WHICH IS PRODUCED AT ANNEXURE-H AND 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 respondents.

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

" a) To direct the 2nd respondent to accept the application dated 29.08.2025 filing for registration without any clarification from the fourth respondent and place the same before the second respondent, which is produced at Annexure-H.

b) To issue writ of mandamus directing the third respondent to place the application dated

29.08.2025 before second respondent Committee for registration under the provision of K.P.M.E.

Act which is produced at Annexure-H;

c) To issue direction to the respondents not to interfere in practice of Alternative System of Medicine by the petitioner as per the Registration Certificate issued by the concerned authorities;

d) To call for records and grant such other relief/s deems fit by this Hon'ble court."

3. The short grievance of the petitioner is that the petitioner having submitted an application for registration as a Medical Practitioner, the said application has not been considered and necessary orders passed.

4. Whenever any application for registration is made under Karnataka Private Medical Establishment Act, 2007 ('KPME Act'), it is required to be considered and necessary orders passed, either accepting or rejecting the said application.

5. Needless to say, if an order of rejection is passed, the same will have to be accompanied by reasons.

Neither having been done, I pass the following:

ORDER

(i) Writ Petition is allowed (ii) Respondent No.2 is directed to consider the application of the petitioner dated 29.08.2025 at Annexure H and pass necessary orders thereon within a period of sixty days from the date of receipt of a copy of this order.

(iii) It is made clear that this Court has not expressed any opinion as regards the entitlement of the petitioner for such registration.

SD/-

(SURAJ GOVINDARAJ)

JUDGE BMV*

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