Sri Ashokdham General And Surgical Hospital v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.20104 of 2019 ====================================================== 1.
Sri Ashokdham General and Surgical Hospital Through proprietor Anita Singh, Gender- Female, W/o Dr. Dilip Kumar, aged about 48 years, R/o Ward No. -08, Purani Bazaar, Near Achala Sanan Market, Lakhisarai, Bihar. 2.
Anita Singh W/o Dr. Dilip Kumar R/o Ward No. -08, Purani Bazaar, Near Achala Sanan Market, Lakhisarai, Bihar.
... ... Petitioner/s
Versus
1.
The State of Bihar Through its 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.
United India Insurance 24, Whites Road, Chennai. 4.
United India Insurance R-Block, Bir Chand Patel Marg, Patna. 5.
Vidal Health TPA Pvt. Ltd 1st Floor, Tower No.2, SJR i-park, EPIP Zone, White Field, Bangalore.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Gyanendra Kumar Shukla, Advocate For the State :
M/A Mujtabaul Haque (GP12) Manish Kumar, AC to GP 12 For the Respondent :
Mr. K.K.Sinha, Advocate No. 2 For the Insurance :
M/s Durgesh Kumar SIngh, Abhijeet Kumar SIngh, Advoccates ====================================================== CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY ORAL JUDGMENT Date : 23-06-2026
1. The petitioner has filed the instant application for the following reliefs:
"a. To issue appropriate direction to the respondent authorities to pay sum due Rs. 57,21,175 (Fifty Seven Lakh Twenty One Thousand Hundred Seventy Five) to the petitioners for the
2/4 medical facilities provided to the poor and illiterate people as per the government scheme.
b. It is further prayed that this Hon'ble Court may be pleased to direct the respondent authorities to pay the amount owed to the petitioners as per the agreement/ MOU dated 08.03.2016 along with interest @18% p.a. from due date.
c. It is further prayed that this Hon'ble court be pleased to pass any other appropriate writ/ writs, order/ orders or direction/ direction as may deem fit and proper in the facts and circumstances of the case."
2. At the very outset, the Learned counsel appearing on behalf of the parties submit that the issue involved in the present writ petition is no longer res integra. It is contended that the issue stands squarely covered by the order dated 06.09.2022 passed by a Division Bench of this Court in C.W.J.C. No. 455 of 2020 (Dr. Nita Jha Vs. The State of Bihar & Ors), wherein an identical issue was considered and adjudicated. The Learned counsel for the parties, therefore,
3/4 submit that in view of the aforesaid judgment, the present writ petition may also be disposed of, in terms of the order dated 06.09.2022.
3. In Dr. Nita Jha (supra) this Court has held as follows:
"After the matter was heard for some time, finding the Court not to be in favour with the submissions made across the Bar, learned counsel for the petitioner, more so in view of the disputed question of fact, fairly states that petitioner be permitted to take recourse to such equally, efficacious alternative remedies as are available in accordance with law.
Permission granted.
We clarify that we have not adjudicated the dispute on merits. All questions of fact and law are left open to be agitated and adjudicated before the appropriate forum in appropriate proceedings.
Petition stands disposed of in the aforesaid terms."
4. Having regard to the submissions made by the parties, the present writ petition
4/4 stands disposed of in terms of the aforesaid judgment passed in Dr. Nita Jha (supra).
5. Interlocutory Application, if any, shall stands disposed of.
(G. Anupama Chakravarthy, J) Spd/- AFR/NAFR NAFR CAV DATE NA Uploading Date 23.06.2026 Transmission Date