IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/MISC. CIVIL APPLICATION (FOR RECALL) NO. 2139 of 2025 In R/SPECIAL CIVIL APPLICATION/12467/2021 ==========================================================

PUSHPABEN NARSINHBHAI ROHIT Versus STATE OF GUJARAT & ORS.

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Appearance:

MR KEVALSINH B RATHOD(10250) for the Applicant(s) No. 1 MS SHRUTI DHRUVE, AGP for the Opponent(s) No. 1,2,3 ==========================================================

CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA Date : 09/01/2026

ORAL ORDER

1. The present application is a clear case of abuse of process of law, which has been filed by the applicant seeking recall or review of the order dated 20.06.2022 passed in the captioned writ petition being Special Civil Application No.12467 of 2021 by contending that the applicant is remedy-less, as despite having made representations to the respondent authorities, the same are not answered.

2. At this stage, learned AGP has pointed out that in fact, after the aforesaid petition was disposed of, the applicant again filed a writ petition being Special Civil Application No.14026 of 2024, which was also dismissed as withdrawn.

3. The captioned writ petition was disposed of on the statement made by learned advocate Mr.A.R.Kadri seeking permission to withdraw the petition with a view to make representation. The withdrawal order dated 20.06.2022 of the said writ petition is as under:

“Learned advocate Mr.A.R.Kadri, appearing for the petitioner seeks permission to withdraw this petition with a view to make a representation to the appropriate Authority.

Permission as prayed for is granted. It is noticed by this Court that the writ petition has been filed after a considerable delay. The respondent authority shall keep in mind the delay aspect also, while deciding the representation filed by the present petitioner.

This petition is disposed of as withdrawn. Notice is discharged.”

4. It appears that thereafter, the applicant filed the representations, which were not considered and the applicant again filed Special Civil Application No.14026 of 2024, which was also allowed to be withdrawn vide order dated

21.11.2024. The said order as under:

“After some arguments, learned advocate for the petitioner prays to withdraw the present Special Civil Application in order to initiate appropriate proceedings.

Dismissed as withdrawn.”

5. Thereafter, the applicant filed the 3^rd writ petition being Special Civil Application No.56 of 2025, which was also dismissed as not pressed vide the order dated 10.02.2025 for filing the revision application for recall of the order dated 20.06.2022. Subsequently, after having filed aforesaid writ petitions, an attempt has been made to resurrect the writ petition which was disposed on 20.06.2022 i.e. Special Civil Application No.12467 of 2021.

6. Having availed and failed in the writ petitions, the present application has been filed seeking recall of the order dated 20.06.2022 on the ground that the applicant is remedy-less. The application is absolutely frivolous resulting into sheer wastage of Court’s time. Hence, it is liable to be rejected.

7. After the aforesaid order was dictated, the learned AGP has pointed out that in fact, the present application appears to have been incorrectly circulated since there is no application for condonation of delay and applicant has prayed for review and recall of the order dated 20.06.2022, after almost a period of

3 years.

8. I have noticed that in fact, the Registry, without applying its mind to the aspect of limitation, has given a final number to the present application seeking review of the order dated 20.06.2022.

9. Under the circumstances, the present application stands rejected however, directions are issued to the Registrar Judicial to file appropriate report as to how the matter got circulated and final number was given bereft of any prayer seeking condonation of delay or filing the application seeking condonation of delay by t