S S Rao 13 July 2021

Whether a fresh/slp can be filed in s.c. in the same case?

I have filed a Transfer Petition from Telangana High Court to Delhi High Court as a Party-in-Person. Telangana Legal Counsel told the Hon. Bench that 4 more Writ Petitions also pending in Telangana High Court, Hyderabad on the same land dispute and my case may not be decided by the S.C. Hon. S.C. while rejecting my Transfer Petition, directed the High Court to decide by tagging all the four cases expeditiously. Telangana High Court taken up my case only without clubbing all the pending W.Ps and closed the case without taking into account ample documentary evidence by simply directing the Collector, RR Dist., Hyderabad to reply to my Petition submitted to him on on 07th March, 2018. The Collector replied to be with blatant lies without verifying the record.

I have filed an SLP(C) in Hon. S.C. which has taken exception to the manner in which the Telangana High Court handled the case by not complying with the Order of Hon. S.C. by not clubbing all the pending cases and decided my case alone. The Hon. S.C. has set aside the Order of H.C. and directed the H.C. to hear my case once again along with the other pending W.Ps.

If the judgment now to be delivered is not favourable to me whether I can file a fresh SLP on the same issue in the Hon. S.C. or not may please be clarified. Thanking you,

ssrao268@gmail.com

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3 Replies

Shubham Bhardwaj (Advocate) 13 July 2021

Dear Mr Rao,

Since the Hon'ble Supreme Court has set aside the earlier HC order and directed it to be heard along with other WP's, therefore, in case the subsequent order is not favourable to you, an SLP is very much maintainable. Res Judicata will not apply because the Hon'ble SC has not decided on merits. Had the SC decided on merits, the case would not have been remanded back to the HC and there would be a definitive judgment by the SC.

Regards

Shubham Bhardwaj (Advocate)

District & Session Court, Chandigarh

Punjab & Haryana High Court, at Chandigarh.

Disclaimer:- Opinion is only for guidance.

1 Like

Dr J C Vashista (Advocate) 14 July 2021

I endorse and appreciate the opinion and advise of expert Mr. Shubham Bhardwaj.

Earlier SLP was disposed of by Supreme Court with direction to HC to re-hear the case(s) and decide on merit. Any subsequent adverse judgment is liable to be challenged in Supreme Court, which would be separate from the earlier SLP.

S S Rao 14 July 2021

I am fully satisfied with the valuable opinion given by the Legal Luminaries and accept the same with humility and gratitude. I pray God that at least this time, the H.C. will do justice to me.

I shall be failing in my duty if I don't acknowledge with grateful thanks the Lawyersclubindia for serving my cause.

ssrao268@gmail.com