-.
P. ASHOKAN
A
, •.
v.
.... '1'
UNION OF INDIA AND ANR.
' '
FEBRUARY 6, 1998
[M.M. PUNCHHI, CJI., B.N. KIRPAL AND M. SRINIVASAN, JJ.]
B
C'('
Constitution of India, 1950 :
Article 32-Decision attaining finality-Reconsideration of-Held, c
cannot be claimed on the basis of its effect in accordance with law-On
merits, no case to entertain the petition under Article 32 made out.
Khoday Distilleries Limited and Anr. v. The Registrar General, Supreme
Court India, [1996] 3 SCC page 114.
.
D
(
CIVIL ORIGINAL JURISDICTION: Writ Petition (c) No. of 1997.
Dairy No. 20068of1997.
(Under Article 32 of the Constitution of India)
E
Manoj Swamp, Ms. Lalita Kohli and Ms. M. Swamp for Mis. Manoj
Swamp & Co. for the Petitioner.
The following Order of the Court was delivered :
F
-·' T
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. v. The Rejistrar General, Supreme Court of
India, [1996] 3 SCC The Page 114 has ruled as follows:
G
T-
"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 cari
be no question of invoking Article 32 of the Constitution to claim
reconsideration of the decision on tlie basis of its effect in accordance H
717
718
SUPREME COURT REPORTS
[1998) 1 S.C.R.
A
with law. Frequent resort to the decision in Antu lay in such situations
is wholly misconceived and impels us to emphasis tl1is fact."
" '
We are in agreement with such view .
.
'
B
The writ petition is dismissed.
Jc
R.P.
Petition dismissed.
,1
Lex