BAIGANA AND ORS. versus DEPUTY COLLECTOR OF CONSOLIDATION AND ORS. on 14 March 1978

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A

BAIGANA AND ORS.

v.

DEPUTY COLLECTOR OF CONSOLIDATION AND ORS.

March 14, 1978

[V. R. KRISHNA IYER AND JASWANT SINGH, JJ.J

B

Co11s1irutio11 of India, 1950, Ari. 136 read with Order XJ!I Supre111c Court Rules l 966,-SliJ.Jrcnie Court C(lflllO! be converted into a court of fifth appeal .

Dhrnissing the special Jen\·c petition. the Court 1-lELD: The Supre1ne Courl is n1or-:: than a Court of appeal. It exercises power only \\'hen there is st1prcn1e need. lt is not the fifth court of appeal but the final court of the nation. Therefore, even if legal fla'"[1]s may be electronically detected, this Court cannot inte1ft:rc sans 1nanifest injustic-e or substanti·..1l -question of r:;ublic i1npor:nncc. [509 EJ

C

CIVIL APPELLATE JURISDICTION : Special Leave Petition ( Ci\'il) No. 4963 of 1977.

(From the Judgment and Order dl. 21-9-75 of the Allahabad High Court in Writ Petition No. 92 of 1969)

D

S. N. Singh, for the petitioner.

Tllc Order of the Court was delivered by KRISHNA IYER, J. The Supreme Court is more than a Court of appeal. It exercises power only whcrr there is supreme need. lt is E not the fifth court of appeal but the final court of the nation. Therefore, even if legal flaws may be electronically detected, we cannot interfere sans manifest injustice or substantial question of public importance. By 1his token, the petitioner has mi~scd the bus. Dismissed.

Petition dis111issed.

S.R.