Sanjvini Superspeciality Hospital v. The State of Karnataka

((((((((((((HC-KAR, NC:(2026:KHC:40412( WP(No.(3444(of(2026( ( ,,,,,,,,,, , CNR:(KAHC010074402026( ( ( IN(THE(HIGH(COURT(OF(KARNATAKA(AT(BENGALURU(

RD DATED(THIS(THE(3 (DAY(OF(AUGUST,(2026(

BEFORE(

THE(HON'BLE(MR.(JUSTICE(SURAJ(GOVINDARAJ(

WRIT(PETITION(NO.(3444(OF(2026((GM-RES)(

BETWEEN:(( ( , SANJEEVINI,SUPERSPECIALITY,HOSPITAL, BEHIND,SHRIRAM,AUTOMALL,,NH,50,,,

ALAMATTI,ROAD,,VIJAYAPUR,-,586,109,, REPRESENTED,BY,ITS,PROPRIETOR/PARTNER,,, DR.,BABUGOUDA,M,NYAMANNAWAR,,, S/O,MALAKENDRARAY,NYAMANNAWAR,,

(REGISTERED,UNDER,INDIAN,P,

ARTNERSHIP,ACT,,1932)., …PETITIONER, (BY,SRI.,VARUN,JAYKUMAR,PATIL,,ADVOCATE), AND:(

(

1., THE,STATE,OF,KARNATAKA, Digitallytisigned DEPARTMENT,OF,HEALTH,AND,FAMILY,WELFARE,,by0SHWETHA RAGHAVENDRA VIKAS,SOUDHA,,BENGALURU,-,560,001,,, Location:0HIGH COURT0OF REP.,BY,ITS,PRINCIPAL,SECRETARY., KARNATAKA ,

2., THE,SUVARNA,AROGYA,SURAKSHA,TRUST, DEPARTMENT,OF,HEALTH,AND,FAMILY,WELFARE,, TTMC,"A",BLOCK,,4TH,FLOOR,, SHANTINAGAR,,KH,ROAD,,, BENGALURU,-,560,027,,, REP.,BY,ITS,EXECUTIVE,DIRECTOR, REGISTERED,UNDER,TRUST,ACT., …RESPONDENTS, (BY,SRI.,SHAMANT,NAIK,,AGA),

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENT NO.2 TO CONSIDER THE REPRESENTATIONS OF PETITIONER VIDE ANNEXURE-D TO D2, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.,

THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

ORAL ORDER

¶1Learned AGA accepts notice for respondent Nos.1 and 2.

¶2Petitioner is before this Court seeking for the following reliefs: "i. Issue a Writ of Mandamus directing the Respondent No.2 to consider the representations of Petitioner vide Annexures-D to D2 in the interest of justice & equity;

ii. Pass such other orders as may be appropriate in the facts and circumstances of the case, in the ends of justice and equity."

¶3The petitioner claims that the petitioner being a hospital had entered into a Memorandum of Understanding with respondent No.2 with an intention to make available medical benefits to the citizens of the State by treating and diagnosing select ailments. In terms of Memorandum

of Understanding, the petitioner claims to have rendered several services and raised invoices, which were not paid. Hence, the petitioner had submitted representations dated 29.07.2019 and 06.08/2019 at Annexure-D, series, which have also not been considered. It is in that background, the petitioner is before this Court seeking for the aforesaid reliefs.

¶4Whenever any contractual arrangement is entered into by the State or any organization promoted by the State, it is required for the said authority to act on the said Memorandum of Understanding and release the amounts, which are due.

¶5In the present case, when the amounts were not released, representations at Annexure-D series were submitted in the year 2029, which have also not been considered. These representations were required to be considered and necessary orders passed, within a reasonable period of time, either accepting or rejecting the representations.

¶6Needless to say, if an order of rejection were to be passed, it ought to have been accompanied by reasons. None of that having been done, the petitioner is left with no option.

¶7As such, this Court passes the following order. a) Writ petition is allowed. b) A mandamus is issued directing respondent No.2 to consider the representations of the petitioner at Annexure-D series, within a period of thirty (30) days from the date of receipt of copy of this order in terms of the Memorandum of Understanding entered into between the parties and any other contractual documents. c) It is made clear that this Court has not expressed any opinion on the entitlement of petitioner. The same would have to be ascertained on the basis of the contractual documents.

Sd/- (SURAJ GOVINDARAJ) JUDGE GJM List No.: 1 Sl No.: 4