The Supreme Court clarified that under Article 32 of the Constitution, the judgment of the High Court cannot be declared as illegal.

The Petitioner, through the Petition under Article 32 had sought for a declaration of the judgment of the Bombay High Court as illegal for having been passed without hearing the necessary parties. The Petitioners also sought a direction to the Official Respondents to survey the properties upon which the apartments of the petitioners had been constructed and to regularize their apartments.

The 3-Judge Bench comprising Justice Vikram Nath, Justice Sanjay Karol and Justice Sandeep Mehta clarified, “If the petitioners have not been heard and are affected by the said judgment, the remedy available to them is to either file a petition/application for recall of the said order/judgment or to challenge the same by way of a petition under Article 136 of the Constitution before this Court.”

Reasoning

The Bench took note of the fact that the Special Leave Petition preferred against the said judgment of the Bombay High Court was dismissed by the Apex Court vide an order passed in a Special Leave Petition. The Interlocutory Application seeking modification of the High Court’s earlier judgment was dismissed by a Division Bench of the High Court.

“In our considered opinion, under Article 32 of the Constitution, the judgment of the Division Bench of the High Court of Judicature at Bombay cannot be declared as illegal”, the Bench held.

It was further explained by the Bench that if the petitioners have not been heard and are affected by the said judgment, the remedy available to them is to either file a petition/application for recall of the said judgment or a petition under Article 136 of the Constitution before the Apex Court.

Dismissing the Writ Petition, the Bench held that the petitioners can avail such other remedy as may be available under law.

Cause Title: Vimal Babu Dhumadiya & Ors. v. The State of Maharashtra & Ors (Neutral Citation: 2025 INSC 77)

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Supreme CourtJustice Vikram NathJustice Sanjay KarolJustice Sandeep MehtaConstitution of India

Tulip Kanth

Assistant Editor

Tulip Kanth is an Assistant Editor at Verdictum having over 5 years of experience in the field of legal journalism and editing. She extensively covers judgments of the Supreme Court, High Courts as well as Tribunals. She has previously worked with a legal publishing website where she oversaw the work of other editors and has also created updates on notifications of different Government Ministries. She holds an English Honours Degree from SGTB Khalsa College, Delhi University and has completed her LLB course with specialisation in Corporate Law from Amity University.