Ashok Kumar Singh vs State Of Chhattisgarh

The present writ petition has been filed claiming for following reliefs :-

10.1 That, this Hon'ble Court may kindly be pleased to call for the entire records pertaining to the case of the petitioner from the office of respondents

by issuing a writ of Certiorari and after perusal of record this Hon'ble Court further be pleased to grant compensation to the petitioner to tune a

Rs.50,00,000 including the previous and present litigation expenses, travelling expenses etc by issuing a writ of mandamus against the respondents.

The grievance of the petitioner in the present writ petition arises on the action on the part of the respondents the erstwhile State of M.P. who had

initially in the year 1997 issued Excellent Player Certificate that was awarded on 23.08.1997. The said certificate was issued to around 113 players.

However, immediately after a few days the said Excellent Player Certificate issued in favour of the petitioner stood cancelled vide order dated

19.09.1997. The petitioner filed a fresh writ petition before the High Court of Madhya Pradesh, Bench Indore vide WPC 2347/2017. The said writ

petition came up for hearing on 21.04.2017 and writ petition stood allowed. The order of the M. P. High Court has since travelled uptill the Supreme

Court and that the order of Single Bench stood affirmed all along. The petitioner thereafter now has filed the present writ petition seeking for relief of

compensation.

This Court at the first instance is of the view that the second writ petition claiming for compensation would not be maintainable for the reason that

petitioner could have claimed for the same at the first instance itself when he had filed the writ petition before the M.P. High Court i.e. WP

No.2347/2017 and which stood allowed on 21.04.2017. The petitioner having not claimed any other relief except for the direction for restoration of the

certificate the petitioner now cannot be permitted to re-agitate on the issue of filing of writ petition claiming compensation.

As regards, the consequential benefits which the petitioner would be entitled for that is entirely different cause of action which has to be claimed

and agitated before the appropriate forum. The petitioner on that count cannot be permitted to file the writ petition claiming for compensation

particularly, when the petitioner himself had not pressed for any such relief in the earlier writ petition that was filed by him i.e. WP No.2347/2017

before the M.P. High Court.

For the aforesaid reasons, the writ petition in its present given form for the relief sought for would not be maintainable. However, the petitioner is

not precluded from approaching the competent Civil Court in filing of a suit for damages, if he so wants.

The writ petition accordingly stands disposed of.