High Court of Karnataka Hears Writ Petitions Challenging Government Order on Health Department as Arbitrary. The Petitions Invoke Articles 226 and 227 of the Constitution of India to Quash the Order Dated 14.05.2025 for Violation of Natural Justice and Fundamental Rights.

High Court: Karnataka High Court Bench: DHARWAD
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Case Note & Summary

The petitioners, including Jagadeesha Moger and others, filed a series of writ petitions before the High Court of Karnataka, Dharwad Bench, under Articles 226 and 227 of the Constitution of India. They challenged Government Order No. AA.KU.KA.173 PTD 2025 dated 14.05.2025 issued by the State of Karnataka through its Department of Health and Family Welfare. The order was assailed on the grounds that it is arbitrary, discriminative, and violative of the principles of natural justice and fundamental rights. The petitioners sought a writ of certiorari to quash the order and a writ of mandamus restraining the respondents from taking any coercive action pursuant to it. The respondents included state health authorities and the Pharmaceuticals and Medical Devices Bureau of India. The matter was heard by a single judge bench of Justice M. Nagaprasanna. The case is pending final adjudication.

Issue of Consideration

Whether the Government Order No. AA.KU.KA.173 PTD 2025 dated 14.05.2025 is arbitrary, discriminative, and violative of principles of natural justice and fundamental rights?

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Law Points

  • Article 226
  • Article 227
  • natural justice
  • fundamental rights
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Case Details

2025 LawText (KAR) (12) 13

Writ Petition No. 105933 of 2025 and connected Writ Petition Nos. 103827, 103828, 103829, 103831, 103832, 103842, 103843, 103844, 103845, 103846, 103847, 103848, 103849, 103850, 103851, 103852, 103853, 103854, 103855, 103856, 103857, 105939, 105941, 106291, 106292, 108567 of 2025

2025-12-10

M. Nagaprasanna

2025:KHC-D:17894

Anirudh A Kulkarni, Vasista Ramprasad, Shreyas S. (for petitioners); J.M. Gangadhar, T. Hanumareddy (for respondents 1-5); Venkatesh M. Kharvi (for respondent 6)

Jagadeesha Moger and Others

State of Karnataka and Others

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Nature of Litigation

The petitioners filed writ petitions under Articles 226 and 227 of the Constitution of India challenging a Government Order as arbitrary and violative of natural justice.

Remedy Sought

To quash Government Order No. AA.KU.KA.173 PTD 2025 dated 14.05.2025 and to restrain respondents from taking coercive action.

Filing Reason

The Government Order is alleged to be arbitrary, discriminative, and violative of principles of natural justice and fundamental rights.

Issues

Whether Government Order No. AA.KU.KA.173 PTD 2025 dated 14.05.2025 is arbitrary, discriminative, and violative of principles of natural justice and fundamental rights?

Submissions/Arguments

The petitioners contend that the impugned Government Order is arbitrary, discriminative, violative of natural justice and fundamental rights, and contrary to the law laid down by the Supreme Court.

Judgment Excerpts

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION QUASHING THE IMPUGNED GOVERNMENT ORDER BEARING NO.AA.KU.KA.173 PTD 2025 DATED 14.05.2025 ... AS BEING ARBITRARY, DISCRIMINATIVE AND VIOLATIVE OF PRINCIPLES OF NATURAL JUSTICE, AND FUNDAMENTAL RIGHTS GUARANTEED UNDER THE CONSTITUTION OF INDIA, 1950 AND THE LAW LAID DOWN BY HON BLE SUPREME COURT OF INDIA AND ETC.

Acts & Sections

  • Constitution of India, 1950: Articles 226, 227
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