LexDraft · Judgments

P. Ashokan v. Union of India and Anr.

Supreme Court of India · 1998 INSC 73 · 1998

Coram: M.M. PUNCHHI, B.N. KIRPAL, M. SRINIVASAN

Source: sci_open_data

-·' 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