Madhya Pradesh High Court
Dr. Mrs. Rukmani Tiwari vs The State Of Madhya Pradesh Thr. on 2 March, 2016
1
R.P.No.361/2015
(Dr. (Mrs.) Rukmani Tiwari v. State of M.P. & Ors.
02/03/2016
Shri D.K. Agrawal, learned counsel for the
applicant.
Shri Praveen Newaskar, learned Government
Advocate for the respondents/State.
Shri Vivek Khedkar, learned counsel for the respondents No.3 & 6.
Heard the learned counsel for the applicant on admission.
This application for review has been filed by the applicant contending that while deciding writ petition No.1717/2014, the learned Single Judge has not taken into consideration documents Annexure P-9 & P-10 that had been filed by the applicant.
Apparently, the applicant had argued the matter at length before the learned Single Judge and the matter has been decided thereafter. The learned Judge concerned had considered all the averments and arguments made by the learned counsel for the parties and has thereafter decided the issue after considering the judgments of the Supreme Court and this Court.
It is settled law that review proceedings are not meant for rehearing or reopening of the issue and the 2 R.P.No.361/2015 (Dr. (Mrs.) Rukmani Tiwari v. State of M.P. & Ors.
same is not permissible in law. It is only in cases of glaring or apparent mistake that is apparent on the face of the judgment which warrants interference by this Court.
In the circumstances, the contention raised by learned counsel for the applicant amounts to seeking rehearing of the matter, which is not permissible in review petition. As no case is made out for review, the application for review filed by the applicant is hereby dismissed.
It is, however, made clear that this division bench is required to consider this application for review only on account of non-availability of the learned Single Judge concerned who has passed the order in the writ petition and as this Court has not adverted to the merits of the case, the applicant would not be precluded from filing a writ appeal, if so advised, and in taking up all possible issues in the writ appeal.
(R.S. Jha) (M.K. Mudgal)
Judge Judge
(ra)