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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 27^TH DAY OF JULY, 2021

PRESENT

THE HON’BLE MR.ABHAY S. OKA, CHIEF JUSTICE

AND

THE HON’BLE MR.JUSTICE N.S.SANJAY GOWDA

WRIT PETITION NO. 10075 OF 2021 (GM-RES-PIL)

BETWEEN:

SRI. KOLADIYA KIRIT,

SON OF SRI.ARJANBHAI,

AGED ABOUT 33 YEARS,

RESIDING AT No.113, 1^ST FLOOR,

9^TH BLOCK, 2^ND MAIN,

SIR M VISHWESHWARIAIH LAYOUT,

BANGALORE - 560 056.

... PETITIONER

(BY SRI. ANANTH KUMAR.C., ADVOCATE)

AND:

1. THE CHIEF SECRETARY,

VIDHANA SOUDHA,

AMBEDKAR VEEDHI,

BANGALORE - 560 001.

2. THE HEALTH DEPARTMENT,

VIDHANA SOUDHA,

AMBEDKAR BEEDHI,

BANGALORE - 560 001.

3. INDIAN COUNCIL OF MEDICAL RESEARCH,

V.RAMALINGASWAMI BHAWAN,

P.O.BOX No.4911,

ANSARI NAGAR,

NEW DELHI - 110 029.

REPRESENTED BY ITS DIRECTOR GENERAL.

4. KARNATAKA MEDICAL COUNCIL,

No.16/6, MILLER TANK BED ROAD,

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VASANTHANAGAR,

BENGALURU - 560 052.

REPRESENTED BY ITS PRESIDENT.

... RESPONDENTS

(BY SRI. VIJAYKUMAR.A. PATIL, AGA FOR R-1 AND R-2,)

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THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF

THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF

MANDAMUS OR ANY OTHER APPROPRIATE WRIT DIRECTING THE

RESPONDENTS TO CONSIDER INHALED BUDENOSIDE AS FIRST

LINE MEDICINE AND CONDUCT FURTHER RESEARCH ON THE

SAME AND PROVIDE THE ENTIRE REPORT OF RESEARCH TO

THIS HON'BLE COURT AND ETC.

THIS PETITION COMING ON FOR PRELIMINARY HEARING

THROUGH VIDEO CONFERENCING THIS DAY, CHIEF JUSTICE

MADE THE FOLLOWING:

ORDER

The prayers (a) and (b) of this petition are as follows:

"(a)

Issue a Writ of Mandamus or any other

appropriate Writ directing the respondents to

consider

Inhaled

Budenoside

as

First

Line

medicine and conduct further research on the

same and provide the entire report of research to

this Hon'ble Court;

(b)

Directing the respondents to study by conducting

state wide open public study/survey Budenoside

(Inhaled

Steriod)

across

all

Government

Hospitals for patients suffering from COVID."

2.

We have heard the learned counsel appearing for

the petitioner.

3.

Though the petitioner claims to be a freelance

medical researcher, he has not placed on record any

achievements made by him by conducting research.

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4.

It is ultimately for the experts to decide what can

be the best medicine for treating the patients suffering

from Covid-19. A writ court cannot issue a writ of

mandamus directing to conduct research on a particular

medicine. No relief can be granted in this writ petition

and the same is accordingly rejected.

Sd/-

CHIEF JUSTICE

Sd/-

JUDGE

PKS