P. Ashokan Vs. Union Of India And Another On 06 February, 1998

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P. Ashokan v. Union Of India And Another

P. Ashokan
v.
Union Of India And Another

(Supreme Court Of India)

Writ Petition (C) No. ...of 1997 (Diary No. 20068 of 1997) | 06-02-1998

1. On merits, we find no case to entertain this petition under Article 32 of the Constitution. Besides a three Judge Bench decision of this Court, authored by J.S. Verma, J. (as Hon'ble the Ex-Chief Justice then was) in Khoday Distilleries Limited and Anr. vs. The Page 144 has ruled a s follows:

"In a case like the present, where in substance the challenge is to the correctness of a decision on merits after it has become final, there can be no question of invoking Article 32 of the Constitution to claim reconsideration of the decision on the basis of its effect in accordance with law. such situations is wholly misconceived and impels us to emphasis this fact ."

2. We are in agreement with such view.

3. The writ petition is dismissed.

Advocates List

Manoj Swarup, Ms.Lalita Kohli, Ms. M.Swarup, Advs for M/s. Manoj Swarup &Co, Advocates.

Bench List

HON'BLE JUSTICE B. N. KIRPAL

HON'BLE JUSTICE M. SRINIVASAN

Eq Citation

(1998) 3 SCC 56

[1998] 1 SCR 717

AIR 1998 SC 1219

(1998) 1 UPLBEC 754

1998 2 AD (SC) 259

JT 1998 (1) SC 511

1998 (1) SCALE 485

1 (1998) CLT 142

LQ/SC/1998/180

HeadNote

Constitution of India — Arts. 136 and 32 — Challenge to correctness of decision on merits after it has become final — Inviting reconsideration of decision on basis of its effect in accordance with law — Held, wholly misconceived — Writ petition dismissed