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Court can’t act as a collecting agency to get payments for petitioner: Madhya Pradesh High Court

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The Madhya Pradesh High Court has observed that it is not for court to act as a collecting agency to get payments for the writ petitioner.

The Division Bench of Chief Justice Ravi Malimath and Justice Vishal Mishra dismissed a Petition filed by one Ashutosh Sanyasi  seeking for the following reliefs:- 

“I. Issue an appropriate Writ, Order or Direction in the nature of Mandamus to Recalculate and release the payment of Rs.26,51,066.70/- within the stipulated time with the interest of 18% and pass the appropriate order or direction to the Respondent in the interest of the justice. 

II. Issue an appropriate Writ, Order or Direction in the nature of Mandamus directing the Respondent to conduct proper enquiry and to issue show cause notice to the answerable of icials. 

III. Pass appropriate order directing Respondents to a cost of Rs.60,000/- in lieu of huge litigation expenses incurred by the petitioner and exemplary costs of Rs.3,50,000 in lieu of financial loss, mental trauma & harassment suffered by the petitioner at the behest of the Respondents. 

IV. Pass such other and further orders as this Hon’ble Court may deem fit and proper in the facts and circumstances of this case.”

On hearing learned counsels, the Court is of the considered view that it is not for a writ court to act as a collecting agency to get payments for the writ petitioner. If at all any payment is due to the petitioner, there is a manner and procedure known to law as to how he can recover the amount. 

A writ petition, in view of the Court , could not be entertained only to ensure that the respondents be directed to make payment to the petitioner. The remedy of the petitioner lies elsewhere. 

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