SUSHIL BHARGAVA Vs. STATE OF M.P.

JUDGEMENT

(1.) APPELLANTS have preferred this appeal under clause 2 of Madhya Pradesh Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005 being aggrieved by the order dated 27 -06 -2012 passed by learned Single Judge of this Court in Writ Petition (S)No. 4286/12 whereby their petition for issuing a writ in the nature of mandamus, directing the respondents' authorities to issue the appointment orders for the post of Rojgar Sahayak has been dismissed. Inter alia, said petition was dismissed in the lack of documents and list with regard to selection process of such posts in which the names of petitioners do find place.

(2.) IN the course of arguments on admission, the appellants' counsel by referring the documents filed at the stage of this appeal along with I.A.No. 5341/12 argued that in view of such documents and selection list, the impugned petition ought to have been allowed by the Hon'ble Single Judge but on asking the counsel whether such documents were before the Writ Court while making the submissions in the petition, on which counsel submitted that at that time these documents were not available with the appellants, therefore, could not be filed before the Writ Court, consequently, the question impugned in the matter could not be properly argued before the Writ Court.

(3.) IN the aforesaid situation, on making further query from the appellants' counsel that how new material could be taken into consideration at the stage of admission at the first instance when the same was not before the Writ Court and was also asked why he has not filed the Review Petition along with these additional documents before the Writ Court, on which said counsel seeks permission to withdraw this appeal with liberty to file appropriate petition along with the aforesaid documents to review the impugned order of Writ Court.