AIR 1981 SUPREME COURT 960 ::1981 (1) SCWR 396 ::1981 UJ (SC) 350 ::(1981) 42 FacLR 309 ::42 FacLR 309 ::1981 (2) SCC 663 ::1982 SCC (L&S) 36 ::(1981) 1 LabLJ 489 ::(1981) 94 Mad LW 77 ::1981 Bom LR 83 242 ::1981 APS Lab Cas 66 (SC) ::(1981) 58 FJR 294 ::1981 58 FJR 294 ::1981 (1) LabLN 563 ::(1981) 2 SCJ 80

Supreme Court Of India

(From : (1974) 76 Bom LR 225)

Hon'ble Judge(s): Anand Dev Koshal, R. B. Misra , JJ

Constitution of India , Art.226, Art.136— Special leave petition under Art. 136 withdrawn unconditionally - Writ petition filed under Article 226 subsequently - Dismissal of writ petition on ground of withdrawal of special leave petition is illegal - It does not amount to res judicata - It is wrong exercise of discretion. (1974) 76 Bom LR 225, Reversed. Civil P.C. (5 of 1908) , S.11— The High Court does not exercise a proper and sound discretion in dismissing the writ petition in limine on the sole ground that the application for special leave on the same facts and grounds had been withdrawn unconditionally. An order permitting the withdrawal of the leave petition for the same reason cannot also operate as res judicata. There is no quarrel with the proposition that a writ of certiorari is no issued as a matter of course and the petitioner has to satisfy the Court that his rights have been infringed so that there has been failure of justice. In the instant case the appellant chose to file a petition for leave to appeal to the Supreme Court but eventually withdrew the petition and thereafter invoked the jurisdiction of the High Court under Article 226 of the Constitution and the High Court in its discretion chose to dismiss the writ petition in limine only on the ground that the petitioner had moved an application for special leav....