Case Note & Summary
The case involved a Writ Petition filed by the petitioner, Lakshmi Suri, under Article 32 of the Constitution of India against the Union of India and another respondent. The Supreme Court, presided by Justices H.L. Dattu and Tarun Chatterjee, examined the petition and ultimately decided not to entertain it. Instead, the court allowed the petitioner to file an appropriate application before the Division Bench of the Andhra Pradesh High Court concerning Writ Appeal No.630 of 2008, specifically to recall an order dated 07.07.2008. The court expressed its expectation that the High Court would consider the application in accordance with the law. The writ petition was disposed of without any order as to costs, indicating that the court did not impose any financial burden on the petitioner. The decision was rendered on March 16, 2009.
Headnote
A) Constitutional Law - Writ Jurisdiction - Supreme Court's Refusal to Entertain Writ Petition - Constitution of India, Article 32 - The Supreme Court declined to entertain the Writ Petition and permitted the petitioner to approach the Division Bench of the Andhra Pradesh High Court for recalling an earlier order. The court expressed hope that the High Court would consider the application in accordance with law. Held that the petitioner has the right to seek remedy before the appropriate forum (Paras 1-1).
Issue of Consideration
Whether the Supreme Court should entertain the Writ Petition filed under Article 32 of the Constitution of India.
Final Decision
The Supreme Court declined to entertain the Writ Petition and permitted the petitioner to make an application before the Division Bench of the Andhra Pradesh High Court to recall the earlier order and hear the appeal on merits.
Law Points
- Writ jurisdiction
- Article 32
- High Court appeal
- recall of order
