IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION NOS.39315/2013 & 42588-42592/2013 & 42593-42594/2013 (GM-EC) BETWEEN 1. THE KARNATAKA CHEMISTS AND DRUGGISTS ASSOCIATION, OFFICE AT III FLOOR, LAKSHMI COMPLEX, K R ROAD, OPP. VANIVILAS HOSPITAL, BANGALORE-560002, REPRESENTED BY ITS SECRETARY SRI A K JEEVAN, AGED 43 YEARS, S/O A KUSHALAPPA.
2. CHETANA PHARMA A REGISTERED PARTNERSHIP FIRM, AT HADIDI ROAD, DAVANAGERE 577 002 REPRESENTED BY ITS MANAGING PARTNER SRI K E PRAKASH, S/O ESHWARAPPA, AGED 59 YEARS.
3. SRI RAJESHWARI MEDICAL AND GENERAL STORES NEXT TO BASAVANNA TEMPLE, BEDADI MAIN ROAD, BEDADI – 562109, REPRESENTED BY ITS PARTNER, SRI H MANJUNATH, AGED 50 YEARS, S/O LATE HANUMMAIH.
4. SRI C JAYARAMAIAH AGED 46 YEARS, S/O LATE CHIKMUNIYAPPA PROPRIETOR JOY MEDICALS AND GENERAL MERCHANTS, NO.815, BAGALUR, BANGALORE NORTH, BANGALORE 562149.
5. SRI R ANIL AGED 42 YEARS, S/O RAMU, PROPRIETOR, SRIRAM MEDICALS, NELLIGUDDA TANK ROAD, BEDADI, RAMNAGAR DISTRICT-562109.
6. SRI RAJASHEKAR B, AGED 45 YEARS, S/O LATE BYREGOWDA, PROPRIETOR, SRI MAHADESHWARA MEDICAL AND GENERAL STORES, B M ROAD, BEDADI, RAMNAGAR DISTRICT-571511.
7. SRI D RAMESH AGED 47 YEARS S/O C DASAPPA PROPRIETOR UNIQUE MEDICALS, NO.2719, 14TH MAIN ROAD, RPC LAYOUT, VIJAYANAGAR 2ND STAGE BANGALORE-560040.
8. SRI VEERABHADRESHWAR MEDICAL HALL, OPP. TO GOVERNMENT HOSPITAL, MADDUR-571428 REPRESENTED BY ITS PROPRIETOR SRI G R MURULISH AGED 38 YEARS, S/O G K RAMANNA. ... PETITIONERS (BY SRI MANMOHAN P N, ADV.) AND 1. UNION OF INDIA MINISTRY OF CHEMICALS AND FERTILIZERS (DEPARTMENT OF PHARMACEUTICALS) ROOM NO.340-B, ‘A’ WING, SHASTRI BHAVAN, NEW DELHI-110001 REPRESENTED BY ITS SECRETARY.
2. THE JOINT SECRETARY TO THE GOVERNMENT OF INDIA MINISTRY OF CHEMICALS AND FERTILIZERS (DEPARTMENT OF PHARMACEUTICALS) ROOM NO.340-B, A WING SHASTRI BHAVAN, NEW DELHI-110001.
3. NATIONAL PHARMACEUTICAL PRICING AUTHORITY 3RD & 5TH FLOOR, YMCA CULTURAL CENTRE BUILDING #1, JAI SINGH ROAD NEW DELHI - 110001 REPRESENTED BY ITS DIRECTOR.
4. THE STATE OF KARNATAKA DEPARTMENT OF PHARMACEUTICALS, M S BUILDING, BANGALORE-560001 REPRESENTED BY ITS SECRETARY. ... RESPONDENTS (BY SRI C SHASHIKANTHA, ASSISTANT SOLICITOR GENERAL FOR R1 TO R3, SMT. NILOUFER AKBAR, ADDITIONAL GOVERNMENT ADVOCATE FOR R4) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THE NOTIFICATION DATED 15.5.13 ISSUED BY R2-THE DRUGS [PRICE CONTROL] ORDER 2013 BEARING NO. 1221[3] IN SO FAR AS IT RELATED TO PROVISO TO CLAUSE 24[1], 24[4] AND 25[3] AS UNCONSTITUTIONAL AND ULTRA VIRES THE ESSENTIAL COMMODITIES ACT AND THE CONSTITUION OF INDIA VIDE ANNX-A AND ETC.
THESE WRIT PETITIONS COMING ON FOR “PRELIMINARY HEARING IN ‘B’ GROUP”, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Sri Manmohan P.N., Advocate for the petitioners. Sri C.Shashikantha, Assistant Solicitor General for R1 to R#.
Smt.Niloufer Akbar, Additional Government Advocate for R4.
Learned counsel for the petitioners has filed memo seeking leave of the Court to withdraw the writ petitions.
Memo is taken on record.
The Writ Petitions are dismissed as withdrawn.
Sd/- JUDGE Sk/- CT-HR