Heard, learned senior counsel for the applicant. The applicant has taken out this application for following prayers :
"(A) Your Lordship may be pleased to allow this application.
(B) Your Lordship may be pleased to recall and modify the order dated 13/07/2012 passed by this Hon'ble Court in Special Civil Application No.7038 of 1998 to the effect that interim relief which was granted earlier by this Hon'ble Court is continued till the final disposal of representation made by the Applicant and in case any adverse order is passed against the Applicant in that eventuality it is open for the Applicant to approach this Hon'ble Court with an application to revive Special Civil Application No.7038 of 1998 and/ or to challenge the said subsequent decision passed by the authority on the representation made by the Applicant.
(C) Any other and further reliefs that may be deemed fit and proper in the interest of justice may also kindly be granted."
2. This Court is of the considered view that this application is not maintainable as it cannot be classified to be the review application so as to file within the purview and jurisdiction to exercise under review, as no ingredients or facts are pleaded, which would go to establish that the case for review is made out. The prayer itself indicates that application is filed with a view only to continue the protection, which was inuring in favour of the applicant. This Court is of the considered view that even if supposingly that prayer was made, when the Court was passing the order, which is sought to be modified, then also in light of the decision of Hon'ble Supreme Court in case of " The State of Orissa V/s. Madan Gopal Rungta, reported in A.I.R. (39) 1952 SC 12" as well as the observation of this Court in case of " State of Gujarat V/s. Nirmalaben Jwaghela, reported in 2003 (1) G.L.H. 434" such a relief cannot be extended as the Court had not examined the matter on merits and request for withdrawal was made, which was permitted. In view of this, the present application is merit-less and deserves rejection. Hence, the same is rejected accordingly. No order as to costs.
(S.
R. Brahmbhatt, J.) Rathod Top