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High Court of Gujarat

DISTRICT APPROPRIATE AUTHORITY, PNDT ACT 1994 AND CHIEF DISTRICT HEALTH OFFICERversusTWINKLE NAVINCHANDRA NARSINGANI

Disposal
53-ALLOWED / GRANTED @ ADM.STAGE

Holding

The review application is allowed, and the order dated 23.04.2026 in Special Civil Application No.7406 of 2022 is modified to incorporate the submissions regarding Rule 18-A(4)(ii) of the PC and PNDT Act and the pendency of Criminal Case No.542 of 2018.

Summary

The applicant, District Appropriate Authority under the PNDT Act, 1994 and Chief District Health Officer, filed a Miscellaneous Civil Application for review under Order 47 Rule 1 CPC seeking review of the order dated 23.04.2026 passed in Special Civil Application No.7406 of 2022. The Court heard Ms. R.V. Acharya for the applicant and Mr. Lakhani for the respondent. The Court allowed the review application and modified the order dated 23.04.2026 to add the submissions of Ms. R.V. Acharya. The added submissions stated that under Rule 18-A(4)(ii) of the PC and PNDT Act, no application for fresh registration or renewal is accepted if any case is pending in any court against the applicant for violation of the Act and rules. It was further submitted that the Appropriate Authority, relying on the said rule, had refused to accept the registration of Opponent No.1 because Criminal Case No.542 of 2018 was pending before the Judicial Magistrate First Class, Kotda Sangani, District Rajkot. The application was disposed of, and the office was directed to issue a fresh writ accordingly.

Issues considered

  • Whether the review application under Order 47 Rule 1 CPC seeking modification of the order dated 23.04.2026 in Special Civil Application No.7406 of 2022 is maintainable and deserves allowance?
  • Whether Rule 18-A(4)(ii) of the PC and PNDT Act bars acceptance of fresh registration or renewal when a criminal case is pending against the applicant?

Legislation cited

Subjects

PNDT ActreviewOrder 47 Rule 1 CPCregistrationrenewalpending criminal caseAppropriate Authority

Judgment

    C/MCA/1318/2026                                 ORDER DATED: 03/07/2026




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

    R/MISC. CIVIL APPLICATION (FOR REVIEW) NO. 1318 of 2026

               In R/SPECIAL CIVIL APPLICATION/7406/2022

==========================================================
  DISTRICT APPROPRIATE AUTHORITY, PNDT ACT 1994 AND CHIEF
                  DISTRICT HEALTH OFFICER
                            Versus
          TWINKLE NAVINCHANDRA NARSINGANI & ANR.
==========================================================
Appearance:
MS RV ACHARYA(1124) for the Applicant(s) No. 1
GOVERNMENT PLEADER for the Opponent(s) No. 2
MR PM LAKHANI(1326) for the Opponent(s) No. 1
==========================================================

  CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK

                            Date : 03/07/2026

                             ORAL ORDER


     Present application is filed by the applicant under
Section 47 Rule 1 of the Code of Civil Procedure, 1908
seeking review of the order dated 23.4.2026 passed by this
Court in Special Civil Application No.7406 of 2022.
     Heard Ms. R.V. Acharya, learned counsel for the
applicant      and    Mr.   Lakhani,      learned    counsel        for       the
respondent.
     Considering the facts and circumstances of the case and
the averments made in the application, present application is
hereby allowed. The order dated 23.04.2026 passed in Special
Civil Application No.7406 of 2022 is hereby modified to the
extent that below mention submissions of Ms. R.V. Acharya,
learned counsel for the respondent No.1 shall be added in the


                                Page 1 of 2
       C/MCA/1318/2026                                                                ORDER DATED: 03/07/2026




aforesaid order.

          1. Ms. R.V. Acharya, learned counsel for the respondent
          No.1 has submitted that looking to Rule 18-A(4)(ii)of the
          PC and PNDT Act, no application for fresh registration
          or renewal of registration is accepted accepted if any
          case is pending in any Court against the applicant for
          violation of any provision of the Act and the rules made
          thereunder.

          2. Ms. R.V. Acharya, learned counsel for the respondent
          No.1 has submitted that the Appropriate Authority being
          the applicant relying upon the said rule had refused to
          accept the registration of the Opponent No.1 herein as a
          Criminal Case is pending against the applicant in
          Criminal Case No.542 of 2018 pending before the Court
          of      learned            Judicial           Magistrate                 First        Class,           Kotda,
          Sangani, District Rajkot.

          In view of the above, present application stands disposed
of. Office to issue fresh writ accordingly.



                                                                        (HEMANT M. PRACHCHHAK,J)
SURESH SOLANKI
 Original copy of this order has been signed by the Hon'ble Judge.
 Digitally signed by: SURESHKUMAR MOTIBHAI SOLANKI(HC00208), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 04/07/2026 12:36:21




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