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M. Satyanarayana Murthy and Ors. v. Mandal Revenue Officer Cum Land Acquisition Officer

Dismissed
Court
Supreme Court of India
Decided
25 August 1998
Bench
A. S. Anand, G. T. Nanavati
Result
Petition dismissed.

Headnote

Constitution of India, 1950 :

~ A1ticle 137-Review-Second review-Delay-Explanation unsatisf ac-t01y and not reasonable-Held, recourse to successive review petitions against same order not pe1111issible more so because no e1mr apparent on the record has been brought out-Filing of second review petition is an abuse of process of cowt-Review petition dismissed with costs-Review-Limitation.

Headnote as published in the Digital Supreme Court Reports by the Supreme Court of India. Paragraph references point to the judgment below.

Judgment

There is a delay of 2 years and 321 days in filing this review petition. The explanation for the delay contained in the application seeking con-donation of delay is wholly unsatisfactory and not at all reasonable. Be-sides, we also find that the petitioners had filed earlier also a review petition No. 214 of 1995 against the same order, which was dismissed by this Court on 22.2.1995. Both in the memorandum of the review petition and in the application seeking condonation of delay, though this fact is ,.,.

mentioned, but the number of the review petition has been left blank and so also the date on which the same was dismissed. This shows the casual manner in which this second review petition has been filed. Recourse to successive review petitions against the same order is not permissible more so because no error apparent on the record had been brought out. It appears to us that the petitioners are unnecessarily taking liberties. The filing of the Second review petition is an abuse of the process of the court. We, therefore, dismiss this review petition both on the ground of unex-plained inordinate delay and on merits with Rs. 5,000 as costs. The direc-tions with regard to disbursement of the costs shall be issued after the same are deposited in the Registry.

Case details

Arising from

CIVIL APPELLATE JURISDICTION : Review Petition No. RPD No. 17573 of 1998.

In Civil Appeal Nos. 8743-8745 of 1994.

From the Judgment and Order dated 29.9.94 of the Andhra Pradesh High Court in A. Nos. 497, 644/91 and A.S. No. 1350 of 1991.

Appearances

Vimal Dave for the Petitioners/Appellants.

Source: Supreme Court of India, Digital Supreme Court Reports, via the Indian Supreme Court Judgments open dataset (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.