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Dr. G Purushothama Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

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Karnataka HC
2025
Dr. G Purushothama Vs the State of KarnatakaDr. G Purushothama v. the State of Karnataka

Disposed¶37

Dr. G Purushothama v. the State of Karnataka

Karnataka HC7 Feb 2025WP/2223/2025

Case brief

AI extract

What is this about?

Karnataka HC Bengaluru | WP No.2223 of 2025 (S-KSAT) | decided 07-02-2025 | NC: 2025:KHC:5707-DB. Petitioners: Dr. G. Purushothama, Dr. Anil Dhavan E., Dr. Praveen Kumar C. H., Dr. Rochana M. C. (Designated Officers, FSSAI/Food Safety). Respondents: State of Karnataka (Addl. Chief Secretary), Commissioner Health & Family Welfare Services, Commissioner Food Safety & Drugs Administration. Counsel: Vijaya Kumar (petitioners); Vikas Rojipura, A.G.A. (R-1 to R-3). Subject: challenge to Tribunal order dt. 24/01/2025 in Application Nos.204-207/2025 denying interim order; writ disposed as infructuous after interim stay granted during pendency. Holding per Justice K. Somashekar; coram incl. Justice Venkatesh Naik T. Keywords: interim relief/stay, infructuous petition, Article 226, service-tribunal matter, food safety officers.

What did the court decide?

Since interim stay of the Tribunal's order dated 24.01.2025 had been granted during pendency of the appeal, the writ petition does not survive for consideration and is disposed of as having become infructuous.

What the court decided

AI extract

Outcome

Disposed

Issue for consideration

Whether the writ petition challenging the Tribunal's order dated 24.01.2025 denying interim relief survives for consideration, given that interim stay of that order has since been granted during pendency of the appeal.

Court's answer

Since interim stay of the Tribunal's order dated 24.01.2025 had been granted during pendency of the appeal, the writ petition does not survive for consideration and is disposed of as having become infructuous.

Detailed headnote1 paragraphs

Division Bench writ petition (W.P. No.2223 of 2025, S-KSAT) under Article 226 of the Constitution, filed by four Designated Officers of the Food Safety establishment (Dr. G. Purushothama, Dr. Anil Dhavan E., Dr. Praveen Kumar C. H. and Dr. Rochana M. C.) against the State of Karnataka and two Commissioners, seeking to set aside the Tribunal's order dated 24.01.2025 in Application Nos.204-207/2025 (Annexure-A) in so far as it related to denial of interim order. At the preliminary hearing, counsel Sri Vijaya Kumar submitted that interim stay of the impugned order had meanwhile been granted during pendency of the appeal. The Court (oral order per Justice K. Somashekar, bench with Justice Venkatesh Naik T, dated 07.02.2025) held that the petition did not survive for consideration and disposed of it as having become infructuous. No substantive adjudication on the Tribunal's refusal of interim relief.

A

1 -

NC: 2025:KHC:5707-DB WP No. 2223 of 2025

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 7^TH DAY OF FEBRUARY, 2025

PRESENT

THE HON'BLE MR JUSTICE K.SOMASHEKAR AND

THE HON'BLE MR JUSTICE VENKATESH NAIK T WRIT PETITION NO.2223 OF 2025 (S-KSAT)

BETWEEN:

DR. G. PURUSHOTHAMA S/O. G. GANGAPPA AGED ABOUT 52 YEARS DESIGNATED OFFICER, FSSAI MALLEGOWDA GENERAL HOSPITAL CAMPUS CHIKKAMAGALORE R/AT NO.94, 1^ST FLOOR, KARUNARJUN 2^ND CROSS, PRAKASH RESIDENTIAL ENCLAVE BEHIND AIT COLLEGE, JYOTHI NAGAR CHIKKAMAGLORE - 577 101.

Digitally signed by MOUNESHWARAPPA NAGARATHNA Location: HIGH COURT OF KARNATAKA

DR. ANIL DHAVAN E. S/O. LATE ESWAR NAIK AGED ABOUT 53 YEARS DESIGNATED OFFICER FSSA, KODAGU R/AT NO.5, KHB COLONY BP COLLEGE, HOLALKERE CHITRADURGA DISTRICT - 577 526.

DR. PRAVEEN KUMAR C. H. S/O. RAGHUVEERA C. H. AGED ABOUT 48 YEARS DESIGNATED OFFICER FOOD SAFETY AND STANDARD AUTHORITY DAKSHINA KANNADA DISTRICT WENLOCK HOSPITAL COMPOUND RAILWAY STATION ROAD, MANGALORE R/AT ISHANYA NILAYA BEHIND CAPITANIO SCHOOL, PUMPWELL KANKANADY, MANGALORE - 575 003.

2 -

NC: 2025:KHC:5707-DB WP No. 2223 of 2025

DR. ROCHANA M. C. C/O. K. T. CHANDU AGED ABOUT 54 YEAR DESIGNATED OFFICER DEPARTMENT OF FOOD SAFETY AND DRUG ADMINISTRATION OLD DISTRICT HOSPITAL PREMISES RAMANAGAR - 562 159 R/AT SHARORA, 1^ST MAIN, 7^TH CROSS LEELAVATHI EXTENSION, MADDUR MANDYA DISTRICT - 571 428.

…PETITIONERS

(BY SRI VIJAYA KUMAR, ADVOCATE)

AND:

THE STATE OF KARNATAKA REP. BY ITS ADDITIONAL CHIEF SECRETARY

HEALTH AND FAMILY WELFARE SERVICES DEPARTMENT VIKASA SOUDHA

BENGALURU - 560 001.

THE COMMISSIONER FOR HEALTH AND FAMILY WELFARE SERVICES AROGYA SOUDHA, MAGADI ROAD BENGALURU - 560 023.

THE COMMISSIONER FOOD SAFETY AND DRUGS ADMINISTRATION PALACE ROAD

BENGALURU - 560 001.

…RESPONDENTS

(BY SRI VIKAS ROJIPURA, A.G.A., FOR R-1 TO R-3)

THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 24/01/2025 PASSED BY THE HON'BLE TRIBUNAL IN APPLICATION NOS.204-207/2025 (VIDE ANNEXURE-A) IN SO FAR AS IT RELATES TO DENIAL OF INTERIM ORDER.

3 - NC: 2025:KHC:5707-DB WP No. 2223 of 2025

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

CORAM: HON'BLE MR JUSTICE K.SOMASHEKAR and

HON'BLE MR JUSTICE VENKATESH NAIK T

ORAL ORDER

(PER: HON'BLE MR JUSTICE K.SOMASHEKAR)

This petition is filed by the petitioners praying to set aside the order dated 24.01.2025 passed in Application No.204-207/2025 by the Tribunal, vide Annexure-A.

However, learned counsel Sri. Vijaya Kumar, appearing for the petitioners' submits that during pendency of the aforesaid appeal, interim stay of the aforesaid order has been granted and therefore, this writ petition does not survive for consideration.

Therefore, keeping in view the submissions made by learned counsel for the petitioners, the petition does not survive for consideration and accordingly, the petition is disposed of as having become infructuous.

(K.SOMASHEKAR) JUDGE

Sd/(VENKATESH NAIK T) JUDGE

MN List No.: 1 Sl No.: 19

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the writ petition challenging the Tribunal's order dated 24.01.2025 denying interim relief survives for consideration, given that interim stay of that order has since been granted during pendency of the appeal.medium confidence¶36
The court held
Since interim stay of the Tribunal's order dated 24.01.2025 had been granted during pendency of the appeal, the writ petition does not survive for consideration and is disposed of as having become infructuous.ratio¶37

Statutes considered

1 provisions across 1 enactments

AI extract

Constitution of IndiaArticle 226¶28

Procedural history

How this case reached the court

AI extract

Order under challenge
Order dated 24/01/2025 passed by the Tribunal in Application Nos.204-207/2025 (Annexure-A), in so far as it relates to denial of interim order.¶28
Tribunal · 24/01/2025
Prior proceeding
Petitioners' Application Nos.204-207/2025 were pending before the Tribunal, which passed the order dated 24.01.2025 (Annexure-A) that the writ petition sought to set aside.¶35
Prior proceeding
During pendency of the said appeal before the Tribunal, interim stay of the impugned order dated 24.01.2025 was granted.¶36

Parties & counsel

AI extract

petitioner
Dr. G. Purushothama¶9
Vijaya Kumar
petitioner
Dr. Anil Dhavan E.¶11
Vijaya Kumar
petitioner
Dr. Praveen Kumar C. H.¶12
Vijaya Kumar
petitioner
Dr. Rochana M. C.¶15
Vijaya Kumar
respondent
The State of Karnataka, rep. by its Additional Chief Secretary¶19
Vikas Rojipura
respondent
The Commissioner for Health and Family Welfare Services¶22
Vikas Rojipura
respondent
The Commissioner, Food Safety and Drugs Administration¶23
Vikas Rojipura

Coram

AI extract

K.SOMASHEKARauthor¶34
VENKATESH NAIK Tmember¶32

Case details

As recorded by the court registry

Court: Karnataka HC
Decided on: 7 Feb 2025 · February
Registered: 27 Jan 2025
Case no.: WP/2223/2025
CNR: KAHC010058702025
Topic: Writ and Judicial Review
Bench: K.somashekar Venkatesh Naik T
Disposal: DISPOSED
Case type: WRIT PETITION

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Cite this judgement

Dr. G Purushothama v. the State of Karnataka, WP/2223/2025 (KA), decided on 7 February 2025.

The High Court of Karnataka publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes1

Constitution of IndiaArticle 226

View all statutes

Procedural history3

Order dated 24/01/2025 passed by the Tribunal in Application Nos.204-207/2025 (Annexure-A), in so far as it relates to denial of interim order.Tribunal · 24/01/2025
Petitioners' Application Nos.204-207/2025 were pending before the Tribunal, which passed the order dated 24.01.2025 (Annexure-A) that the writ petition sought to set aside.
During pendency of the said appeal before the Tribunal, interim stay of the impugned order dated 24.01.2025 was granted.

View full history

Bench / Coram

K.SOMASHEKAR and VENKATESH NAIK T

Parties & counsel