LAWS(SC)-1999-2-16

M S L PATIL Vs. STATE OF MAHARASHTRA

Decided On February 16, 1999
M S L Patil Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) The filing of this review petition is an abuse of the process of the court. After the dismissal of Special Leave Petition No. 17193 of 1996, the petitioner had filed a Review Petition (Civil) No. 81 of 1997. That review petition was dismissed on 14-1-1997. The petitioner, thereafter, filed even a writ petition. . (D. No. 4973 of 1998) which was dismissed as withdrawn on 24-8-1998. The fact of dismissal of the review petition was concealed in the writ petition. This review petition has been filed in spite of the dismissal of the first review petition. We take a serious view of the manner by which the petitioner has been filing different proceedings, claiming the same relief.

(2.) Order XL Rule 5 of the Supreme Court Rules, 1966 provides that where an application for review of any judgment and order has been made and disposed of, no further application for review is maintainable in the same matter.

(3.) This review petition, therefore, is not maintainable and merits dismissal. Accordingly, the review petition is dismissed with costs of rs 5000.