SUPREME COURT: COMPLIANCE OF AN ORDER UNDER THREAT OF CONTEMPT CANNOT TAKE AWAY PARTY'S RIGHT TO CHALLENGE THAT ORDER

The Supreme Court in the case The State Of Andhra Pradesh vs. Kopparla Santhi observed through its order dated July 19 that the compliance of an order under threat of contempt cannot take away the right of the party to challenge the same order.

The court in the case made it clear that compliance of an order under threat cannot take away the right of a party as available to challenge the same, in law, the court referred to the decision in the case Subodh Kumar Jaiswal & Ors. v. Union of India & Ors.

The bench comprising of Justice CT Ravikumar and Justice Prashant Kumar Mishra in the case was hearing an appeal arising out of a land dispute.

In the present case, the petitioners i.e., the present appellants had filed a writ petition before the High Court; thus, the court dismissed the same. Since the review petition was also dismissed, the petitioner filed a writ appeal before the High Court.

The Division bench of High Court dismissed the appeal wherein the court observed that it was meritless.

The court also declined to condone the delay of 614 days in filing the appeal.