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2025 DAILYLAW 37900 (CHH)

DINESH KUMAR JAIN v. STATE OF CHHATTISGARH

WPC/4094/2025 · 2025-08-03

Shri Arvind Kumar Verma

body2025

Judgment text

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1 2025:CGHC:38255 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4094 of 2025 1 - Dinesh Kumar Jain S/o Late Shri Pukhraj Jain Aged About 63 Years R/o Kalash Parisar - 19, Lodhipara, Sarkanda, Distt. - Bilaspur Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Chief Secretary, Govt. Of Chhattisgarh, Mantralay, Mahanadi Bhawan, Nawa Raipur, Distt. Raipur Chhattisgarh 2 - Secretary Department Of Health And Family Welfare Govt. Of Chhattisgarh, Mantralay, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, Distt. Raipur Chhattisgarh 3 - Dean Chhattisgarh Institute Of Medical Science, Distt. Bilaspur Chhattisgarh, Cims Bilaspur Chhattisgarh 4 - Secretary State Nodal Agency, Ayushman Bharat, Pradhan Mantri Jan Arogya Yojna, Mukhyamantri Vishesh, Swasthya Bhawan, 4th Floor, Sector-19, North Block - Nawa Raipur, Atal Nagar, Raipur Chhattisgarh Society Registration No. 122202023363 5 - Director Directorate, Health Services, Third Floor, Indravati Bhawan, Nawa Raipur, Atal Nagar, Raipur Chhattisgarh ----Respondents (Cause-title taken from Case Information System) For Petitioners : Mr. Rahul Birtharey, Advocate For Respondent-State : Ms. Poorva Tiwari, P.L. Hon’ble Shri Justice Arvind Kumar Verma Order on Board 04/08/2025 1. The present writ petition has been filed for the following relief(s);- Digitally signed by JYOTI JHA Date: 2025.08.06 10:51:39 +0530 2 (I) That this Hon’ble Court may kindly be pleased to issue appropriate writ order or direction in the like nature including writ in the nature of mandamus, thereby commanding the respondents to sanction the maximum amount of money (in Rupees) for his treatment under the (Mukhyamantri Vishesh Swasthya Sahayata Youjana) for his critical heart surgery expeditiously at the earliest. (ii) That, this Hon’ble court may kindly further be pleased to command the respondents to coordinate with the authorities of the CMC Vellore Tamilnadu regarding the treatment & sanctioning and depositing of the sanctioned money with the authorities of CMC Vellore Tamilnadu. (iii) Any other relief, which this Hon’ble Court may deem fit and proper, may also be passed in favour of the petitioner. 2. Learned counsel for the petitioners submits that the state government had issued (Mukhyamantri Vishesh Swasthya Sahayata Yojna) for helping the needy, and the Hon'bel Chief Minister, Govt. of Chhattisgarh is empowered to relax the rules, accordingly petitioner had prayed repeatedly (vide Annexure P/6, P/8, P/10 and P/11). The petitioner is aggrieved by order dated 08.11.2024 No. 40/SNA/MV/SSY/2024/12896 issued by Respondent no. 4 (vide Annexure P/4) State Nodal Agency, Society Registration No. 122202023363, whereby only a meager sum of the 1,73,000/- (One Lakh Seventy Three Thousand) have been issued under MVSSY (Mukhyamantri Vishesh Swasthya Sahayata Yojna) for a serious heart disease (valve replacement) estimating an expenditure of more than Rs. 10,00,000/- despite request to the Hon'ble Chief Minister of the State on 08.01.2025 through Respondent No. 4 and through post on 28.12.2024 (vide Annexure P/7), therefore learned counsel for the petitioner submits that the necessity of the instant petition for a suitable direction to the respondents for sanctioning the maximum amount 3 under the (Mukhyamantri Vishesh Swasthya Sahayata Yojna) (Annexure P/1) expeditiously for saving his life. Hence, he prays for a direction to decide his representation (Annexure P-11) dated 17.06.2025. 3. Learned counsel for respondents submits that in view of the limited prayer made by the learned counsel for petitioner seeking direction to respondent-authorities to consider the pending application/ representation, she is having no objection to the limited prayer and pending application dated 17.06.2025 will be considered in accordance with law. 4. I have heard learned counsel for the parties and perused the material available on record. 5. Considering the facts and circumstances of the case instead of keeping this petition pending, I find it appropriate to dispose of the same at this stage directing the respondent No. 4 to consider/decide the representation of the petitioner (Annexure P-11) dated 17.06.2025 on its own merits in accordance with law as expeditiously as possible. 6. With the aforesaid direction, the writ petition is disposed of. Sd/- (Arvind Kumar Verma) Judge Jyoti