Order

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 & Anr. v. The Registrar General, Supreme Court of India1, 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. Frequent resort to the decision in Antulay in such situations is wholly misconceived and impels us to emphasise this fact.”

2. We are in agreement with such view.

3. The writ petition is dismissed.

Writ Petition dismissed.

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Parallel Citations of other Journals :

P. Ashokan v. Union of India, 1998(2) Supreme 106 : AIR 1998 SC 1219 : (1998) 3 SCC 56 : JT 1998(1) SC 511 : 1998(10 Scale 485 : 1998(II) AD (SC) 259

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