ORDER : Y.K. Sabharwal, J. The order passed by the learned Single Judge of the High Court in Writ Petition No. 6922 of 2003 on 31-3-2003 is under challenge in this special leave petition. The said order was passed against the State on a statement made by the learned Additional Advocate General. This order was challenged before the Division Bench of the High Court in Special Appeal No. 489 of 2003, which was dismissed on 16-9-2003. It was, however, directed that it will be open to the State to apply for recall of the impugned order before the learned Single Judge in accordance with law. The petitioner State has not challenged the order dated 16-9-2003 passed by the Division Bench of the High Court. It is elementary that without challenging the order dated 16-9-2003 passed in appeal, the State could not challenge the order passed by the learned Single Judge. Not only this, after the order of the Division Bench dated 16-9-2003, an application for recall was filed in the writ petition. The said application for recall was, admittedly, dismissed, though a copy of that order has not been placed on record of this special leave petition. Another application was filed by the State which is said to be pending before the High Court. In this state of affairs, there could be no question of challenging the order of the learned Single Judge before this Court. In fact, the special leave petition had to be adjourned from time to time on the request of the learned counsel for the State since the relevant orders were not placed on record of this special leave petition, including the order dated 16-9-2003. The said order dated 16-9-2003 has now been placed on record. In this view, while dismissing this misplaced special leave petition, we direct the State to recover the cost of filing of this special leave petition from the officer concerned who took decision to file the special leave petition against order dated 31-3-2003 and impose on the petitioner State the costs in the sum of rupees twenty thousand for unnecessarily wasting the time of this Court, which shall be deposited in the Supreme Court Legal Services Committee within four weeks.