M. SATYANARAYANA MURTHY AND ORS.versusMANDAL REVENUE OFFICER CUM LAND ACQUISITION OFFICER
- Citation
- 1998 INSC 321
- Decided
- 25 August 1998
- Disposal
- Dismissed
Holding
A second review petition against the same order, filed after an inordinate delay and without a satisfactory explanation, is not permissible and amounts to an abuse of process.
Summary
The petitioners, M. Satyanarayana Murthy and others, filed a second review petition (RPD No. 17573 of 1998) challenging an order previously reviewed in Review Petition No. 214 of 1995, which had been dismissed. The second petition was filed after a delay of 2 years and 321 days, and the petitioners' explanation for the delay was deemed unsatisfactory. The court observed that the petitioners had omitted crucial details of the earlier review petition, indicating a casual approach. It held that filing successive review petitions against the same order, without any apparent error on the record, is impermissible and amounts to an abuse of the court's process. Consequently, the court dismissed the second review petition on grounds of inordinate delay and abuse of process, ordering the petitioners to pay costs of Rs. 5,000.
Issues considered
- Whether a second review petition filed after a substantial delay is maintainable.
- Whether filing successive review petitions against the same order constitutes an abuse of process.
- Whether the petitioners' explanation for the delay is satisfactory under Article 137 of the Constitution.
Legislation cited
- Constitution of Indias. Article 137
Subjects
Judgment
A M. SATYANARAYANA MURTHY AND ORS.
v.
MANDAL REVENUE OFFICER CUM
LAND ACQUISITJON OFFICER
AUGUST 25, 1998
B
[DR. A.S. ANAND AND G.T. NANAVATI, JJ.]
Constitution of India, 1950 :
~
C A1ticle 137-Review-Second review-Delay-Explanation unsatisfac-
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.
D CIVIL APPELLATE JURISDICTION : Review Petition No. RPD
No. 17573 of 1998.
In
Civil Appeal Nos. 8743-8745 of 1994.
E
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.
Vimal Dave for the Petitioners/Appellants.
F The following Order of the Court was delivered :
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
G 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
1
H manner in which this second review petition has been filed. Recourse to
• 124
M.S. MURTHY v. MAND AL REVENUE OFFICER > 125
successive review petitions against the same order is not permissible more A
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
B
are deposited in the Registry.
R.P. Petition dismissed.
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