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"From perusal of the record, it is seen that admitted position in the
present case is that the petitioner had approached State Govt. for
financial help for surgery and cochlear implant of both of his sons. The
amount was sanctioned by the State Govt. and cheque was issued in
favour of the hospital but unfortunately, the cheque was dishonored and
on the complaint being made by the hospital against the petitioner, FIR
was got registered which on investigation was found to be false,
therefore, the petitioner was discharged. But during aforesaid period of
investigation, the sons have attained majority and now, there cannot be
any surgery or cochlear implant done due to their attaining majority.
The most unfortunate part of the entire case is that the financial
assistance/help issued by the State Govt. in favour of the petitioner
could not be extended to him owing to the reason that cheque issued
has been dishonored. Now, sons of the petitioner could not get cochlear
implant done and they have to live entire life with the ear ailment.
Therefore, the petitioner has preferred writ petition claiming
NEUTRAL CITATION NO. 2025:MPHC-JBP:70575
3 WP-47813-2025
compensation to the tune of Rs.80 lac. It is settled principles of law that
compensation cannot be claimed under Article 226 of the Constitution
of India as a matter of right. Three Judges Bench of Supreme court in
the case of Hindustan Paper Corporation Ltd. Vs. Ananta Bhattacharya
and Others reported in (2004) Volume 6 SCC 213 has held that public
remedy for the purpose of grant of compensation can be resorted to
only when the fundamental rights of a citizen are violated under Article
21 of the Constitution of India and not otherwise. It has further been
held that it is not every violation of provisions of Constitution or
statute which could enable the court to direct for grant of
compensation. The power of the court of judicial review to grant
compensation to public remedy is limited. In other words, the power to
grant compensation is confined only to the cases of violation of
fundamental rights.