Chhattisgarh High Court
Administrative and Public LawCivil Procedure and Evidence

A subsequent writ petition seeking substantially similar relief is not maintainable after prior writ and contempt proceedings.

KAMALNARAYAN MADHARIYA vs STATE OF CHHATTISGARH

Chhattisgarh High CourtJUDGMENT: August 13, 20262 MIN READSOURCE JUDGMENT
A subsequent writ petition seeking substantially similar relief is not maintainable after prior writ and contempt proceedings.. KAMALNARAYAN MADHARIYA vs STATE OF CHHATTISGARH. Chhattisgarh High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The appellant, a Panchayat Secretary, had earlier filed WPS No. 2986 of 2025 seeking consideration of his representation concerning regularisation.

Source reference: paras. 1–4

The writ petition was disposed of on 30.04.2025 with a direction to the Deputy Director to consider and decide the representation within the stipulated period.

Source reference: paras. 1–4

The appellant thereafter initiated Contempt Case No. 1324 of 2025, which was decided on 17.02.2026.

Source reference: paras. 1–4

Subsequently, he filed WPS No. 4173 of 2026 alleging that a State-Level Committee constituted on 24.03.2025 to consider the regularisation of Panchayat Secretaries had failed to take a decision.

Source reference: paras. 1–4

The learned Single Judge dismissed the subsequent writ petition, holding that the grievance had already been considered in the earlier proceedings and that substantially similar relief was not maintainable.

Source reference: paras. 1–4

The appellant challenged that dismissal in the present writ appeal. The three-day delay in filing the appeal was condoned.

Source reference: paras. 1–4, 14
02

Issues

Whether the subsequent writ petition seeking a direction for expeditious decision by the State-Level Committee was maintainable, notwithstanding the appellant’s earlier writ petition and contempt proceedings concerning consideration of his representation?

Source reference: paras. 5–11, 14

Whether the learned Single Judge committed an illegality, irregularity, or jurisdictional error in dismissing the subsequent writ petition on the ground that substantially similar relief had already been considered?

Source reference: paras. 14–15
03

Law Applied

The Court applied the principle of finality of judicial proceedings and the rule that a subsequent writ petition seeking substantially similar relief, after disposal of an earlier writ petition and initiation of contempt proceedings, is not maintainable.

Source reference: paras. 14–15

The Court also proceeded on the scope of appellate interference under Article 226/227 principles, namely, that a Division Bench should not interfere with the order of the learned Single Judge in the absence of an illegality, irregularity, or jurisdictional error.

Source reference: paras. 14–15

No specific statutory provision or judicial precedent was cited in the judgment.

Source reference: paras. 14–15
04

Reasoning

The appellant contended that the subsequent writ petition was based on a fresh cause of action arising from the constitution and alleged inaction of the State-Level Committee, and that he sought only a time-bound decision rather than reconsideration of the earlier relief.

Source reference: paras. 5–11

The State opposed the appeal and supported the order of the learned Single Judge.

Source reference: para. 12

On examining the earlier writ petition, the contempt proceedings, the impugned order, and the material on record, the Division Bench accepted the learned Single Judge’s conclusion that the appellant’s grievance had already been addressed through the earlier direction to the competent authority and the subsequent contempt proceedings.

Source reference: paras. 13–15

The Court therefore treated the later writ petition as seeking substantially similar relief and found no illegality, irregularity, or jurisdictional error warranting appellate interference.

Source reference: paras. 13–15
05

Holding

The Division Bench held that the learned Single Judge rightly dismissed WPS No. 4173 of 2026 as not maintainable because the appellant’s grievance had already been considered in the earlier writ and contempt proceedings.

The writ appeal was accordingly dismissed, and no costs were awarded.

Source reference: para. 16
Chhattisgarh High Court

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KAMALNARAYAN MADHARIYAvsSTATE OF CHHATTISGARH

Chhattisgarh High Court · August 13, 2026

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