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Filling appeal is necessary or not, when court had already given the j
17-Jun-2025 (In Civil Law)
I had filed a writ petition which got merge with the similar writ petitions now the s.b. had given judgement in against of us than some petitioners filed a appeal in d.b. special appeal (writ) except me and the d.b. had given the judgement in favour: " the order passed by the learned Single Judge in the batch of writ petitions assailed in these
appeals cannot be sustained and is set aside. The writ petitions are
consequently allowed and all writ petitioners are held entitled." This includes me.
A writ petition after dismissal of a Special Leave Petition (SLP) in the Supreme Court can still be maintainable in the High Court under Article 226 of the Constitution, but with limitations. If the SLP was dismissed in limine (at the admission stage) without detailed reasons, the High Court may still entertain a writ petition on merits. However, if the SLP was dismissed with a speaking order or after a detailed hearing, the High Court may decline to re-examine the same matter due to the principle of res judicata or constructive res judicata.
The Supreme Court in Kunhayammed v. State of Kerala (2000) clarified that if an SLP is dismissed without a reasoned order, it does not constitute a declaration of law under Article 141, and therefore, the writ petition in the High Court is not barred. However, if the SLP is dismissed with reasons or the appeal is granted and then dismissed, the High Court cannot entertain a fresh writ.
Therefore, filing a writ after SLP depends on the nature of the dismissal. The petitioner must ensure no abuse of process occurs and should clearly indicate how fresh constitutional or legal grounds arise for the High Court's jurisdiction. advocate bajrang lal sharma
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Adv. Bajrang Sharma
Sikar | 25+ Answers
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