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2025 DAILYLAW 52661 (AP)

GAJULAPALLI ASWESWARA RAO v. UNION OF INDIA

WP/21486/2025 · 2025-12-07

Sumathi Jagadam

body2025

Judgment text

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APHC010420922025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3459] MONDAY, THE EIGHTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 21486/2025 Between: 1. GAJULAPALLI ASWESWARA RAO, S/O G. SATYANARAYANA MURTHY, AGED ABOUT 59 YEARS, R/O 26-45-50,2ND LANE, SANTOSH NAGAR, NEAR WATER TANK, GUNTUR - 522002, ANDHRA PRADESH ...PETITIONER AND 1. UNION OF INDIA, REP. BY THE SECRETARY, DEPARTMENT OF FINANCIAL SERVICES, MINISTRY OF FINANCE, JEEVAN DEEP BUILDING, PARLIAMENT STREET, NEW DELHI - 110001. 2. INSURANCE REGULATORY AND DEVELOPMENT AUTHORITY OF INDIA IRDAI, REP. BY ITS CHAIRMAN, SY NO. 115/1,FINANCIAL DISTRICT, NANAKRAMGUDA, GACHIBOWLI, HYDERABAD - 500032. 3. M/S CARE HEALTH INSURANCE LTD, REP. BY ITS CHIEF EXECUTIVE OFFICER, 5THFTOOR, 19 CHAWLA HOUSE, NEHRU PLACE, NEW DELHI - 110019. 4. M/S CARE FLEALTH INSURANCE LTD, REP. BY ITS BRANCH MANAGER, D.NO. 6-20-10, 7/1, SHIVRAJ ARCADE, 1ST FLOOR, ARUNDELPET, REVENUE WARD 17, GUNTUR, ANDHRA PRADESH - 522002 ...RESPONDENT(S): 2 JS,J W.P.No.21486/2025 Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ or Order or Direction, more particularly one in the nature of WRIT OF MANDAMUS, declaring the action of 3rdRespondent in terminating the Petitioners health insurance policy dated 11.12.2024 (Policy No. 93719251) as illegal, arbitrary, violative of Principles of Natural Justice besides being in violation of Section 45 of the Insurance Act, 1938, and IRDAI Circular dated 01.01.2020and consequently quash the termination order dated 27.06.2025and direct the 3rdRespondentto reinstate the Petitioners policy with continuity of benefits and process the medical claim in accordance with law and to pass such IA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to Stay the operation and effect of the Impugned termination of Policy No. 93719251 dated 27.06.2025 and direct Respondent No. 3to maintain the said policy in full force and effect by restoring status quo ante and not to treat the Petitioner as uninsured, pending final adjudication of the Writ Petition; and pass such IA NO: 2 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to direct the 2 Respondent to act upon the complaint of Petitioner dated 13.07.2025 and pass necessary orders pending final adjudication of the Writ Petition; and pass such Counsel for the Petitioner: 1. D.SUMANTH Counsel for the Respondent(S): 1. SRIDHAR TUMMALAPUDI ( CENTRAL GOVT COUNSEL) 2. V VEERABHADRA CHARY 3. M V SURESH 3 JS,J W.P.No.21486/2025 The Court made the following ORDER: Learned counsel for the petitioner is present. Learned counsel appearing for respondent Nos.3 and 4 submits that they have processed the medical claim of the petitioner and handed over a cheque for an amount of Rs.7,43,231/- vide cheque No.14263611024000191052630. Learned counsel further submits that the petitioner’s health insurance policy is going to expire by midnight of 10th December, 2025. Learned counsel for the petitioner submits that the petitioner will make an application for renewal of the policy. Recording the submissions of both the learned counsel, the Writ Petition stands disposed of. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. __________________________ JUSTICE SUMATHI JAGADAM Date: 08.12.2025 KAS 4 JS,J W.P.No.21486/2025 152 THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 21468/2025 Date: 08.12.2025 KAS