P. Ashokan Vs. Union of India & Anr [1998] INSC 75 (6 February 1998)

B.N. Kirpal, M. Srinivasan

ACT:

HEAD NOTE:

THE 6TH DAY OF FEBRUARY, 1998 Present:

Hon'ble the Chief Justice Hon'ble Mr. Justice B.N.Kirpal Hon'ble Mr. Justice M.Srinivasan Manoj Swarup, Ms.Lalita Kohli, Ms. M.Swarup, Advs for M/s. Manoj Swarup & Co., Advs. for the petitioner O R D E R The following Order of the Court was delivered:

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 as 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." We are in agreement with such view.

The writ petition is dismissed.

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