MR. ASHOK KUMAR AND ORS. versus DELHI DEVELOPMENT AUTHORITY

MR. ASHOK KUMAR AND ORS. versus DELHI DEVELOPMENT AUTHORITY

A writ petition under Article 32 is not maintainable when a final order has been passed by the Supreme Court under Article 136; any subsequent petition is an abuse of process and liable to be dismissed with costs.

Parties
Petitioner: Ashok Kumar and Ors.; Respondent: Delhi Development Authority
Jurisdiction
India
Judgment Date
09 September 1994
Procedural Posture
Writ Petition (civil) / Final Disposition
Outcome
Petition dismissed with costs
Legal Topics
Article 32 Jurisdiction, Finality of Supreme Court Orders, Abuse of Process
Constitutional Law Article 32 Jurisdiction Finality of Supreme Court Orders Abuse of Process

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Parties

Ashok Kumar and Ors.

Petitioner

Delhi Development Authority

Respondent

Procedural Posture

Writ Petition (civil) / Final Disposition

Legal Issues

  1. 1 Whether a writ petition under Article 32 is maintainable after the final order under Article 136

Ratio Decidendi

A writ petition under Article 32 is not maintainable when a final order has been passed by the Supreme Court under Article 136; any subsequent petition is an abuse of process and liable to be dismissed with costs.

Court Disposition

Petition dismissed with costs

Orders

  • Writ petition is dismissed with costs of rupees thirty thousand, to be recovered by the Supreme Court Legal Aid Committee from the petitioners.