SURESH SAI BHAGAT Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) I .A. No. 1, this is an application for condonation of delay in filing the review petition. Sufficient cause has been shown. Delay is condoned. 1. By this petition, the petitioner 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 and Others) whereby the writ petition filed by the petition 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03.07.2008 passed by this Court, the petitioner preferred an appeal being W.A. No. 236/2008, which was dismissed as withdrawn on 16.12.2008 (Annexure P/IA) with liberty to file a review petition.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.) THE review petitioner has to pointed out ay manifest error on the record andhas further not brought into the notice, any new facts record and has further not brought into the notice, any new facts which could not be produced earlier despite diligent efforts made by the petitioner. It is well settled principle of law that the review proceedings are not by way of an appeal and have to be strictly confined to the scope and ambit of Order 47 Rule 1 of the Code of Civil Procedure. Even in exercise of review jurisdiction by the High Court under Article 226 of the Constitution, the petitioner has not produced any ground for review.