Chhattisgarh High Court
Civil Procedure and EvidenceAdministrative and Public Law

A successive writ petition re-agitating the same grievance is not maintainable absent a fresh cause of action.

SHIV MOHAN KUSHWAH vs STATE OF CHHATTISGARH

Chhattisgarh High CourtJUDGMENT: October 01, 20262 MIN READSOURCE JUDGMENT
A successive writ petition re-agitating the same grievance is not maintainable absent a fresh cause of action.. SHIV MOHAN KUSHWAH vs STATE OF CHHATTISGARH. Chhattisgarh High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The petitioner had earlier filed WPS No. 3241 of 2017 seeking permission to resume duty as a dresser and payment of salary. On 19 August 2025, that petition was disposed of without granting relief; the Court directed the competent authority to conclude the departmental enquiry, if initiated, preferably within six months.

Source reference: para. 1–2

The petitioner later filed Contempt No. 529 of 2026, which was withdrawn with liberty to file a fresh contempt petition, and WPS No. 4967 of 2026, which was withdrawn with liberty to pursue a pending representation.

Source reference: para. 3

In the present petition, he did not disclose those proceedings. The Court found that he sought substantially the same relief on the same cause of action and had identified no subsequent event or fresh cause of action.

Source reference: para. 3
02

Issues

1. Whether the present writ petition, seeking substantially the same relief on the same cause of action as an earlier petition, was maintainable

Source reference: para. 3

2. Whether any subsequent event or fresh cause of action justified the Court’s interference

Source reference: para. 3
03

Law Applied

The Court applied the principle that a writ petition is not maintainable where it seeks substantially the same relief on the same cause of action as an earlier petition and no subsequent event or fresh cause of action is shown.

Source reference: para. 3

The order does not cite any statute or precedent.

Source reference: para. 3
04

Reasoning

The Court noted that the petitioner had previously litigated the same underlying grievance and had also pursued contempt proceedings and a further writ petition, both of which were withdrawn in the circumstances recorded in the order.

Source reference: para. 3

He did not disclose those prior proceedings in the present petition, and counsel identified no subsequent event or fresh cause of action. The Court therefore treated the current petition as an attempt to re-agitate the same issue and held it not maintainable.

Source reference: para. 3
05

Holding

The Court held that the writ petition was not maintainable because it sought substantially the same relief on the same cause of action without any fresh cause of action or subsequent event.

The petition was dismissed.

Source reference: para. 4
Chhattisgarh High Court

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SHIV MOHAN KUSHWAHvsSTATE OF CHHATTISGARH

Chhattisgarh High Court · October 01, 2026

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