Held that a review petition filed to seek implementation of a subsequent fresh writ order, without disclosing the earlier dismissal, constitutes an abuse of process of law and was dismissed with a cost of Rs. 50,000/-.
Review petition dismissed; cost of Rs. 50,000/- imposed on the petitioner.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
(1 of 2) [WRW-54/2022]
[2023/RJJD/017751]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Review Petition (Writ) No. 54/2022
Kamal Kumar Derashri S/o Amba Lal Derashri, Aged About 35 Years, Village And Post Bhatoli, Via J.k., Gram Kankroli, Tehsil And District Rajsamand (Raj.).
----Petitioner
----Respondents
| For Petitioner(s) | : Mr. SanjayRajPaliwal |
|---|---|
| For Respondent(s) | : |
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
26/05/2023
By way of the review petition (writ), the petitioner has approached this court with the following prayer :-
“It is therefore, most humbly and respectfully prayed that the order dated 20/12/2017 passed by learned single Judge of this court may kindly be reviewed and the writ petition filed by the petitioner be allowed as prayed for.”
The review is being sought on the ground that the petitioner has preferred another writ petition which is S.B. Civil Writ Petition
[2023/RJJD/017751]
[WRW-54/2022]
(2 of 2)
No.3152/2023 (Kamal Kumar Derashri Vs. State of Rajasthan & Ors.) decided on 02.05.2023, in which, certain relief have been granted to the petitioner.
This Court finds that after the writ petition bearing S.B. Civil Writ Petition No.10939/2017 being dismissed on 20.12.2017, the petitioner had approached this Hon’ble Court and probably while concealing the earlier order has got a fresh order in S.B. Civil Writ Petition No.3152/2023, on 02.05.2023.
It appears that the petitioner now wants the fresh order to be applicable. The review petition is nothing but abuse of process of law as the petitioner is seeking implementation of subsequent order passed by this Hon’ble Court in the garb of the review petition while praying for being relieved from the impediment of dismissal by this Court on 20.12.2017; the review petition is dismissed for the abuse of process of law and a cost of Rs.50,000/- is imposed upon the present review petitioner, which shall be required to be deposited before the Rajasthan High Court Legal Services Committee within a period of one month.
The Rajasthan High Court Legal Services Committee shall be required to recover the same.
(DR.PUSHPENDRA SINGH BHATI),J
145-Jitender
Kamal Kumar Derashri
State Of Rajasthan
Dr. Justice Pushpendra Singh Bhati
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
