LAWS(SC)-2025-1-68

VIMAL BABU DHUMADIYA Vs. STATE OF MAHARASHTRA

Decided On January 17, 2025
Vimal Babu Dhumadiya Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) This is a petition under Article 32 of the Constitution of India praying for the following reliefs:

(2.) Exhibit A (Annexure P-1) is a judgment of the Division Bench of the Bombay High Court dtd. 25/7/2024 passed in Writ Petition No.833 of 2019. The Special Leave Petition preferred against the said judgment of the Bombay High Court has been dismissed by this Court vide order dtd. 20/12/2024 passed in Special Leave Petition (C) D No.59459 of 2024 (Annexure P-2). The Interlocutory Application No.15861 of 2024 seeking modification of the judgment dtd. 25/7/2024 was dismissed by an order dtd. 17/12/2024 by a Division Bench of the Bombay High Court (Annexure P3).

(3.) In our considered opinion, under Article 32 of the Constitution, the judgment of the Division Bench of the High Court of Judicature at Bombay cannot be declared as illegal. If the petitioners have not been heard and are affected by the said judgment, the remedy available to them is to either file a petition/application for recall of the said order/judgment or to challenge the same by way of a petition under Article 136 of the Constitution before this Court.