SURESH SAI BHAGAT Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) By this petition, the petitioners seek review of the order dated 03.07.2008 passed by this Court in W.P. (S) No. 1203/2008 (Suresh Sai Bhagat v. State of Chhattisgarh & Others) whereby the writ petition filed by the petitioner challenging the legality and validity of the order dated 30.01.2008, was dismissed. Against the order dated 03.07.2008 passed by this Court, the petitioner preferred an appeal being W.A. No. 236/2008, which was dismissed as withdrawn on 16.12.2008 (Annexure P/1A) with liberty to file a review petition.

(2.) The grounds for review of the order dated 03.07.2008, as raised by the petitioner, are that the order sought to be reviewed is contrary to the provisions of law and contrary to the documents fraudulently and mala fidely concealed by the State/respondents and the writ petition was decided without summoning the records. The Single Bench ought to have summoned all the records from the State/respondents. The petitioner has submitted medical certificates and documents before this Court. The petitioner seeks opportunity to argue the matter afresh on the above stated grounds which have duly been considered by the Single Bench.

(3.) In case of a writ of mandamus, law is well settled that it is for the petitioner to submit all the documents and on mere filing a writ petition, no roving enquiry is permissible. In the case on hand, the petitioner has made a bald statement about concealment of documents, without specifying a particular document, which was necessary or relevant for adjudication of the dispute, and for want of specific document which the petitioner could not produce for specific reason, the court may not call upon the State to produce the said document. However, on a general statement that the State/respondents may be directed to produce all the documents, such direction cannot be issued at the instance of the party. Thus, the ground of not calling for the records from the State/respondents, which has been raised in review petition, is unsustainable in law and deserves to be rejected.