Md. Malik Uddin v. The State Of West Bengal And ORS.

Ct. No. 01 WPA(P) 256 of 2024 Md. Malik Uddin vs.

AN 04.07.2024 State of West Bengal & Ors.

Md. Malik Uddin ... for the petitioner Mr. Sirsanya Bandopadhyay Mr. Ritesh Ganguly ... for the State Mr. Farooque Ali Mr. Shahrukh Raja Mr. Afsar Ali ... for the respondent no. 5

1. We have heard learned counsel for the respective parties.

2. The petitioner is a practising advocate before this Court who has come forward before this Court alleging that the 5th respondent, the Hospital is not accepting the "Swastha Sathi Card" and extending the benefit of the Group Health Insurance Scheme.

3. At the first place, we thought, the writ petition is a Public Interest Litigation, but on a closer scrutiny of all the documents appended to the stay petition, we find that the writ petitioner is none other than a person who appeared in a habeas corpus petition in respect of a party in which the case one patient named Ms. Shahzadi Begum was admitted in the said Hospital and there appears to have been certain issues and the writ petitioner had issued notice to the Hospital, a reply notice has also been sent by the Hospital on 19.03.2024.

4. Thus, we are of the considered view that this writ petition cannot be treated as a Public Interest Litigation at the behest of the writ petitioner. However, it will be open to any aggrieved person to approach the authority, if they have any grievance against the 5th respondent.

5. With the above observations, this writ petition stands dismissed.

(T. S. Sivagnanam) Chief Justice (Hiranmay Bhattacharyya, J.)