Dr. Rakesh Kumar Singh vs The State Of Bihar
2022 Latest Caselaw 4797 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Civil Writ Jurisdiction Case No.14461 of 2019
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Dr. Rakesh Kumar Singh Son of Sri Sitaram Singh Resident of Village Harpur, P.S. Goriakothi, District Siwan, proprietor M/s Arihant Eye Hospital situated at Village Harpur, P.S. Goriakothi, District- Siwan.

... ... Petitioner/s Versus

1. The State of Bihar through the Principal Secretary, Department of Health and Family Welfare, Patna.

2. The State Nodal Authority, Rashtriya Swasthya Bima Yojana cum Executive Director, Bihar State Health Society, Patna, Bihar.

3. The District Key Manager cum Deputy Development Commissioner, Gopalganj.

4. Reliance General Insurance Company Ltd., a company registered under the Companies Act having its registered office at 570, Rectifier House, Naigum Cross Road, Wadala (W), Mumbai.

5. The District Magistrate cum Chairman, District Core Committee, RSBY, Gopalganj.

6. The Additional District Key Manager, RSBY cum Additional Chief Medical Officer, Gopalganj.

7. The Union of India through the Secretary, Ministry of Health and Family Welfare, Government of India, New Delhi.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shakti Suman Kumar, Advocate For the State : Mr. Anil Kumar Verma, AC to AAG 9 For the State Health : Mr. K.K.Sinha, Advocate For the Insurance : Mr. Durgesh Kumar Singh, Advocate For the Union of India : M/s Awadhesh Kumar Pandey, Sr. Panel Counsel Saket Anand Komal Chowbey, Advocates ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)

Date : 05-12-2022

Heard learned counsel for the parties.

The petitioner has prayed for the following relief(s):-

"i. An appropriate writ in the nature of Patna High Court CWJC No.14461 of 2019 dt.05-12-2022

Mandamus for direction/directions to the respondents to make payment of the outstanding amount of Rs. 18,93,738/- (Rupees Eighteen Lac Ninety Three Thousand and Seven Hundred Thirty Eight only) with due interest for treatment provided by the petitioner's Hospital having code no. 10015036 under Rashtriya Swasthya Bima Yojana (herein after referred to as RSBY), to the persons under below poverty line holding smart card issued by the competent authorities.

ii. Any other writ/writs, order/orders or direction/directions as the facts and circumstances of the case may require and deemed fit by this Hon'ble Court may also be issued."

We are informed that vide notification dated 2nd of

March, 2022, the State Grievance Redressal Committee

(S.G.R.C.) stands constituted.

In this view of the matter, it is always open for the

petitioner to invoke Clause 14 (page 40) of the agreement dated

14th of April, 2015 entered into between the petitioner and the

Reliance General Insurance Company Limited.

We are sure that as and when any such request is

made, the same shall be dealt with expeditiously in accordance

with law.

Also, material required by the petitioner shall be Patna High Court CWJC No.14461 of 2019 dt.05-12-2022

supplied by the respondents for which, direction shall be

obtained from the authorities referred to in the said Clause etc.

Petition stands disposed of in the aforesaid terms.

Interlocutory Application(s), if any, stands disposed

of.

(Sanjay Karol, CJ)

( Partha Sarthy, J) Spd/-PKP AFR/NAFR CAV DATE Uploading Date 07.12.2022 Transmission Date