Supreme Court Declines Relief Under Article 32 for Property Dispute. Petitioners advised to seek remedy through recall or appeal of the Bombay High Court judgment.

Case Note & Summary

The Supreme Court of India, exercising jurisdiction under Article 32 of the Constitution, dismissed a writ petition seeking to declare a High Court judgment illegal for lack of hearing necessary parties. The Court emphasized the availability of alternate remedies, such as recall of the impugned judgment or an appeal under Article 136 of the Constitution.

The petitioners, alleging non-hearing in a High Court judgment affecting property ownership rights, sought relief under Article 32. The Supreme Court declined to intervene, asserting that procedural remedies like recall applications or appeals must be pursued.

Introduction

Petition under Article 32 of the Constitution of India. Relief sought: Declaration of illegality of a High Court judgment, property survey, regularization of ownership rights, and protection from interference.

Relief Sought by Petitioners

Judgment passed by the Bombay High Court on 25.07.2024 (Exhibit A) alleged to lack hearing of necessary parties. Petitioners requested survey and regularization of apartments constructed on alleged government land.

Previous Proceedings

Special Leave Petition against the Bombay High Court judgment dismissed on 20.12.2024. Interlocutory application for modification dismissed on 17.12.2024.

Supreme Court's Ruling

Article 32 not a remedy to challenge High Court judgments; recall or appeal under Article 136 is the appropriate procedure. Writ petition dismissed, leaving alternate remedies open to petitioners.

Disposition

Pending applications, if any, disposed of. Emphasis on following due legal remedies. Acts and Sections Discussed: Article 32 of the Constitution of India: Enforces fundamental rights but does not serve as an appellate remedy for judicial errors. Article 136 of the Constitution of India: Provision for special leave to appeal against judgments of lower courts. Ratio Decidendi:

The Supreme Court clarified that Article 32 cannot be employed to overturn judicial pronouncements from lower courts. Remedies such as recall or appeal under Article 136 must be utilized to address grievances against such judgments.

Subjects:

Property disputes, judicial review, and procedural remedies.

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