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2008 Supreme(Del) 565

T.S.THAKUR, VEENA BIRBAL
Satish Nambiar – Appellant
Versus
Union of India (UOI) – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff: Krishnan Venugopal, Uday Nath Tiwary and Abir Phukan, Advs.
For Respondents/Defendant: S.K. Dubey, Adv.

JUDGMENT

T.S. Thakur, J.

1. The short question that falls for consideration in this petition is whether an order passed by a writ court can be said to have been effaced by a subsequent order passed by the competent authority in exercise of its powers of review under Section 15A of the Citizenship Act. The petitioner contends that the order made by the High Court of Bombay in the writ petition filed by the petitioner before that court had no doubt upheld the order passed by the competent authority under Section 7D of the Citizenship Act, 1955 cancelling his registration as an overseas citizen of India, but the said judgment would stand effaced by the subsequent order passed by the said authority in review under Section 15A. The respondents on the other hand argue that the judgment delivered by the High Court of Bombay upholding the order of cancellation of the petitioners registration remains binding upon the parties to the said judgment till such time the same is set aside or modified by the Apex Court. The order passed by the competent authority in review under Section 15A cannot, according to them, affect the efficacy of the adjudication by a competent court nor does the order in











































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