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2005 Supreme(Raj) 1209

V.K.BALI, HARBANS LAL
Anil Kumar Surolia – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
Anoop Dhan, for Petitioner Samit Bishnoi on behalf of Bharat Vyas, Addl.A.G. for State P.S. Asopa, Sr. Advocate with Amit Kuri, for Respondents RHC

Honble BALI, J.–Anil Kumar Surolia, a judicial officer presently posted as Additional Sessions Judge, Fast Track, Jhunjhunu through present writ filed by him under Article 226 of the Constitution of India seeks reimbursement with regard to the treatment that he had to go through in emergent circumstances.

(2). The cause of the petitioner has been opposed on the preliminary objections that the petitioner has approached this Court with inordinate delay and that no statutory or fundamental right of the petitioner has been infringed and therefore, writ under Article 226 of the Constitution of India is not competent.

(3). On merits, the petitioner was denied the relief on the ground that it was not a case of undergoing emergent treatment and that the hospital from where the petitioner got treatment was not in the list of hospitals approved by the Government.

(4). The bare minimum facts that need a necessary mention reveal that the petitioner was referred on 13.7.2000 to the SMS Hospital, Jaipur when he suffered heart attack at Deedwana. He was admitted in I.C.U. and was discharged on 5.8.2000. The petitioner had to go to Ahmedabad to meet his brother Anupam Surolia in August 2000 where he






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