IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE ASHISH SHROTI

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ON THE 20 OF FEBRUARY, 2026 WRIT PETITION No. 5005 of 2026 DR. SURESH CHAND GUPTA Versus THE STATE OF MADHYA PRADESH AND OTHERS Appearance:

Shri Pallav Awasthi - Advocate for the petitioner.

Shri Kaushlendra Singh Tomar - GA for the respondents/State on advance copy.

ORDER Petitioner stating that he is resident of Samadhiya Colony at Gwalior, has filed the present writ petition before this Court seeking following reliefs:-

"i-That, the impugned inaction on part of Respondents in shape of non-disbursement of Mediclaim to the tune of Rs.1,14,170/- may kindly be declared to be illegal and arbitrary.

ii- That, Respondents may kindly be directed to settle the Mediclaim of Rs. 1,14,170/- in favour of Petitioner along with cumulative interest to the tune of 18% p.a. along with all consequential benefits from the date of entitlement till the date of actual realization in the interest of justice.

iii-That, the mental agony which has been caused because of the inaction on part of the Respondents may also kindly be directed to be compensated in the interest of justice.

iv- That, cost of the litigation may also kindly be awarded to the petitioner.

v-Any other relief which this Hon'ble Court deems fit in the facts and circumstances of the case same may kindly be granted to the petitioner."

2. The office has raised an objection with regard to territorial jurisdiction of this Court to entertain the present writ petition.

3. Learned counsel for the State appearing on advance notice has also raised the same objection. Petitioner's counsel is therefore, heard on the issue of territorial jurisdiction of this Bench.

4. The petitioner was appointed as Veterinary Assistant Surgeon on

29/5/1979 and after completing about 37 years of service, he retired from the post of Veterinary Medical Extension Officer w.e.f. 31/7/2016.

5. It is the case of the petitioner that during the period from 30/4/2012 to 6/5/2012 he and his wife took certain treatment from Bombay Hospital, Mumbai. The medical expenses to the extent of Rs. 1,14,170/- were incurred by him. He accordingly submitted an application for reimbursement of the medical expenses on 14/9/2012. He further alleges that there is correspondence made between different authorities during 2013 to 2022, however, the amount was not paid to him. The petitioner, therefore, sent a legal notice to the respondents on 14/5/2025 and still when nothing happened, he filed the present writ petition.

6. On the question of territorial jurisdiction of the Gwalior Bench of this Court, learned counsel for the petitioner submitted that the petitioner is permanent resident of Gwalior and further that the correspondence made inter-se between the authorities, has been served to him at Gwalior. In support of this submission, he referred to the documents collectively filed as Annexure P/5. He thus submitted that on account of his being resident of Gwalior and further since various correspondences, with regard to his claim for reimbursement of medical expenses, have been made at Gwalior, this Bench will have the jurisdiction to entertain the present writ petition. He relied upon the Division Bench of this Court in the case of Shrigovind Niranjan & Ors. Vs. State of M.P. & Ors. reported in (2025)1 ILR (MP) 715 and submitted that the petitioner has a choice to file the writ petition before this Bench of High Court on principle of 'Forum Convenience'. Learned counsel also relied upon the Apex Court decision in the case of Shanti Devi @ Shanti Mishra Vs. Union of India & Ors., reported in (2020)10 SCC 766 and decision of a coordinate Bench of this Court in the case of Priyanka Rahul Dhawas Vs. Cotton Corporation of India & Ors., passed in W.P.

No.9573/2023.

7. From the arguments advanced by learned counsel for the petitioner, it transpires that jurisdiction of this Bench is invoked on account of residence of the petitioner and also on the ground that the corres