Writ under art. 32
prasanna kumar
(Querist) 08 August 2016
This query is : Resolved
the single bench as well as the division bench of High Court have dismissed a writ under art. 226 without hearing merits. same is the case in a lower tribunal also. it has been seventh year of litigation, nobody has heard the case on merits. From the decision of the supreme court in Daryao Vs. state of UP, a writ lies to supreme court under art. 32 on merits of the case. but if the order of the high court in which it said the ptnr has to go the appellate tribunal is not challenged it will become final. at the same time order of the division bench cannot be challenged under art. 32. So experts pls let me know what will be effect of not challenging the high court order after the petition under art 32 is filed on merits.
My understanding is since no court has heard the matter on merits till today, even if the order of the division bench is not challenged, it will not have any effect as the case has not attained finality on merits, the writ under article 32 will take care of the merits.
Pls guide on this with citations if any.
Devajyoti Barman
(Expert) 09 August 2016
Without seeing all the papers and the order passed by Tribunal it is very difficult to give any effective advice.
Since HC has passed its decision ,relief lies in SC in SLP only unless a new cause of action occurs.
Ms.Usha Kapoor
(Expert) 09 August 2016
Dear Client,
If your LPA was dismissed by the High Court not on merits but on technical grounds you can proceed under Article 32 of the constitution of India to hear the case on-merits.But if you are guilty of lashes and have not moved the Supreme Court until the LPA decision becomes final from which no further appeal lies you'd be loosing all your rights to filing appeal under Article 32. for the law protects the vigilant and not the indolent.
prasanna kumar
(Querist) 09 August 2016
Thank you all for the reply
Yes the High Court disposed the appeal on the writ which was also not heard on merits on 11.07.2016 . how much time do i have to move to supreme Court under art 32.
My main querry is whether there can be a prayer in the writ under art. 32 to quash the order of the high court which is not disposed on merits.
Rajendra K Goyal
(Expert) 09 August 2016
Agree with the expert Devajyoti Barman.
Ms.Usha Kapoor
(Expert) 09 August 2016
Dear Client,
Whether it is technical or merits disposal it doesn't matter. If you've slept over your rights for a long time and woke up from your slumber to fight for your rights when the writ appeal decision has become final Article 32 proceedings you can't file at a belated stage. If the writ appeal has been disposed of recently, you can file the article 32 Writ Petition within 2 months from the date of disposal of the Writ appeal. For slight delay you can file condone delay petition showing some genuine cause and reason along with your Article 32 petition in Supreme Court.
R.K Nanda
(Expert) 09 August 2016
Nothing to add.
prasanna kumar
(Querist) 09 August 2016
Thank you Ms. Usha Kapoor. It has just been 29 days from the date of disposal of writ appeal. I am well within the time. Thanks again for the valuable advice.
Pls just one more request about whether a prayer to quash the high court order can be made in the Writ under art. 32 and I am ready to upload the documents to SC.
warm regards.
