9911796707
TMI Blog2024 (4) TMI 1147X X X X Extracts X X X X X X X X Extracts X X X X ..... subsumed in the order of this Court and in a way, will no longer be in existence, an application seeking review thereof shall not be maintainable. In this view of the matter, the impugned order to the extent it declined to entertain the Review Application on the premise that after the dismissal of the Special Leave Petition, no Review Petition was maintainable, is liable to be set aside. The matter is remitted to the High Court to decide the Review Application on merits - Appeal disposed off. - Hon'ble Mr. Justice Surya Kant And Hon'ble Mr. Justice K.V. Viswanathan For the Petitioner : Dr. R. R. Deshpande, AOR, Ms. Prachiti Deshpande, Adv., Ms. Priyanaka Deshpande, Adv., Mr. Bhagwant Deshpande, Adv., Mr. Akshay Kapoor, Adv., Ms. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... llate jurisdiction. The High Court, thus, was of the view that dismissal of the Special Leave Petition by this Court amounted to be a decision on merits of the case which would attract the Doctrine of Merger . 4. The aggrieved land owners are before us by way of instant appeals. 5. We have heard learned counsel for the appellant as well as learned Additional Solicitor General of India for the respondent-State and carefully perused the material placed on record. 6. During the course of hearing, it could not be disputed that the High Court has erroneously construed the dictum of this Court in Khoday Distilleries Ltd.(supra). It is well-settled that when this Court refused to grant special leave to appeal, be it even by way of a reasoned order ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ning of Article 141 of the Constitution. Secondly, other than the declaration of law, whatever is stated in the order are the findings recorded by the Supreme Court which would bind the parties thereto and also the court, tribunal or authority in any proceedings subsequent thereto by way of judicial discipline, the Supreme Court being the Apex Court of the country. But, this does not amount to saying that the order of the court, tribunal or authority below has stood merged in the order of the Supreme Court rejecting the special leave petition or that the order of the Supreme Court is the only order binding as res judicata in subsequent proceedings between the parties. (vi) Once leave to appeal has been granted and appellate jurisdiction of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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