SUSANTA PAIKARAY Vs. UNION OF INDIA

JUDGEMENT

(1.) This is an unfortunate case which has come up before this Court. The petitioner filed a writ petition and on the basis of the undertaken given not only by the petitioner's counsel but acceptance of the same by the counsel for the respondents, the petition was disposed of in the light of the undertaken given. In spite of the aforesaid manner in which the writ petition was disposed of, petitioner challenged the dismissal of the writ petition by filing a Special Leave Petition No.12649/2014 before the Supreme court. The Supreme Court by an order dated 4.7.2014 available on record as Annexure -A/2 passed the following orders : - "We find no merits in the special leave petition. The special leave petition is dismissed."

(2.) Normally , when the order passed by the writ court is challenged before the Supreme Court and the SLP is dismissed, no further jurisdiction lies to this Court to entertain the matter in a writ appeal under Section 2 (i) of the M.P. Uchcha Nyalaya (Khand Nyaya Peeth Ko Appeal) Adhiniyam, 2005. F or the reasons best known to the petitioner and in spite of the fact that it is mentioned that the SLP has been dismissed, the petitioner has filed this writ appeal. We do not appreciate the manner in which the present appeal has been filed. Once, SLP filed has also been dismissed, no writ appeal would lie against the order of the learned Single Bench. The petitioner nowhere in the appeal has mentioned as to why this appeal is maintainable in the light of the aforesaid fact. The petitioner has misused the process of law and has wasted valuable public time in litigating the matter unnecessarily, even though, the SLP has been dismissed by the Supreme Court. Considering all these facts, we may also take note of another fact that after the SLP was dismissed, review petition was filed that was also dismissed by the learned writ court on 11.8.2014.

(3.) Under these circumstances, we see no reason to interfere into the matter, however, the conduct of the counsel has wasted public time and energy, this appeal is dismissed with a cost of Rs.10,000/ - (Rs. Ten Thousand) which shall be deposited by the petitioner before the Secretary, High Court Legal Service Committee.