THE HIGH COURT OF KARNATAKA
SACHIN SHANKAR MAGADUM, J
M/S RURAL POLY CLINIC – Appellant
Versus
THE STATE OF KARNATAKA – Respondent
WP 9950/2026
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NC: 2026:KHC:17981 WP No. 9950 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF APRIL, 2026
BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO. 9950 OF 2026 (GM-RES)
BETWEEN:
M/S RURAL POLY CLINIC BY ITS PROPRITOR SRI. MUNEER AHMED.
BEHIND RAVI DEPO, GOVT. URDU COLLEGE ROAD,
SHANTINAGARA, SOMESHWARAM, TUMAKUR - 572 102.
…PETITIONER (BY SRI. SHYAM SUNDER BAJPEKAR, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY,
(MEDICAL EDUCATION/ AYUSH)
DEPARTMENT OF HEALTH AND FAMILY WELFARE Digitally signed by (AYUSH), SHARADAVANI
B ROOM NO. 313, 3RD FLOOR, Location: High Court of VIDHANA SOUDHA, Karnataka
BENGALURU - 560 001.
2. THE REGISTRAR, KARNATAKA AYURVEDA AND
UNANI PRACTITIONERS BOARD, NO. 47, 2ND FLOOR, DHANVANTRI ROAD,
NEAR AYURVEDA COLLEGE CIRCLE, BENGALURU - 560 009.
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3. DIRECTORATE OF HEALTH AND FAMILY WELFARE SERVICES,
REGISTRATION AUTHORITY KPME ANANDA RAO CIRCLE,
OPPOSITE RAILWAY STATION, BENGALURU - 560 009,
4. THE DEPUTY COMMISSIONER AND CHAIRMAN/CEO
LICENSING AUTHORITY KPME DISTRICT ADMINISTRATIVE COMPLEX,
ASHOKA ROAD, TUMAKURU - 572 101,
5. THE DISTRICT HEALTH AND FAMILY WELFARE OFFICER
SECRETARY DISTRICT REGISTRATION AUTHORITY K P M E
DISTRICT HEALTH AND FAMILY WELFARE OFFICER DISTRICT HEALTH OFFICE
ASHOKA ROAD TUKMAKURU - 572 101
6. THE PRESIDENT, IMA TUMAKURU BRANCH,
MEMBER, DISTRICT REGISTRATION AUTHORITY KPME,
IMA BHAVAN, NEAR SSIT COLLEGE, S.S. PURAM,
TUMAKURU - 572 102,
7. THE DISTRICT AYUSH OFFICER, MEMBER DISTRICT REGISTRATION AUTHORITY
KPME DISTRICT AYUSH OFFICE
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OPPOSITE TO DISTRICT HOSPITAL ASHOKA ROAD
TUMAKURU - 572 101 …RESPONDENTS
(BY SRI. ADITYA DIWAKAR, AGA)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO RENEW THE PETITIONERS REGISTRATION CERTIFICATE/LICENSE UNDER THE KARNATAKA PRIVATE
MEDICAL ESTABLISHMENTS ACT, 2007 FORTHWITH
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
ORAL ORDER
The captioned petition is filed seeking a writ in the
nature of mandamus directing the respondents to renew the petitioner's registration certificate/license under the Karnataka Private Medical Establishments Act, 2007 (for
short, 'KPME Act. 2007').
2. The petitioner, claiming to be a newly registered
practitioner of Ayurveda under the provisions of the Karnataka Ayurvedic, Unani and Naturopathy Practitioners’
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Registration and Medical Practitioners Miscellaneous Provisions Act, 1961, asserts that he is entitled to continue his practice upon securing a valid licence under the Karnataka Private Medical Establishments Act, 2007 (“KPME Act, 2007”). It is the specific grievance of the petitioner that the respondents have arbitrarily refused to entertain and process his application for renewal of licence, thereby infringing his statutory rights guaranteed under the provisions of the KPME Act, 2007. In that view of the matter, the petitioner has approached this Court seeking issuance of a writ in the nature of mandamus directing the respondents to accept his renewal application and to facilitate continuation of his registration in
accordance with law.
3. Per contra, learned Additional Government
Advocate, placing reliance on the order passed by respondent No.3 as evidenced at Annexure-H, would submit that the very foundation of the petitioner’s claim no longer subsists. It is contended that the petitioner’s
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registration has already been cancelled by the competent authority upon consideration of complaints received against him. Once such cancellation has attained effect, the question of considering any application for renewal does not arise. Learned AGA would further contend that if the petitioner is
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