SLP Filed Only Against 'Review Order' Of HC Not Maintainable, Reiterates Supreme Court

The Supreme Court reiterated that Special leave Petitions filed only against the order of the High Court in Review Petition is not maintainable. 

In this case, the special leave petitions against the substantive order were dismissed in 2010 without any liberty to file a review application(s) or approach the Apex Court again in case of an adverse verdict in the review application(s). Thereafter the review application(s) were filed by the petitioners before the High Court, which were dismissed. Against this dismissal of review petition by the High Court, Special Leave Petition was filed.

"It is now not open to the petitioners to seek leave of this Court to file Special leave petitions only against the review order(s) in view of the judgment of this Court in the case of Municipal Corporation of Delhi MCD vs. Yashwant Singh Negi- (2020) 9 SCC 815. The special leave petitions are dismissed as not maintainable.", the bench comprising Justices Sanjay Kishan Kaul and R. Subhash Reddy observed.

In Yashwant Singh Negi, a three judge bench of the Apex Court had explained the rationale for not entertaining a special leave petition challenging the order of High Court rejecting the review petition when main order in the writ petition is not challenged.

"Against the main judgment the SLP having been dismissed earlier the same having become final between the parties cannot be allowed to be affected at the instance of petitioner. When the main judgment of the High Court cannot be effected in any manner, no relief can be granted by this Court in the special leave petition filed against order rejecting review application to review the main judgment of the High Court. This Court does not entertain a special leave petition in which no relief can be granted. It is due to this reason that this Court in Bussa Overseas and Properties Private Limited and Anr. (supra) has held that principle of not entertaining special leave petition against an order rejecting the review petition when main judgment is not under challenge has become a precedential principle. We reiterate the above precedential principle in this case again.", it was observed.

Case: Sudarshan Budek Vs. State Of Odisha SLP(c) Diary No(s). 43363/2019
Coram: Justices Sanjay Kishan Kaul and R. Subhash Reddy
Citation: LL 2021 SC 151

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