DIVSSION BENCH H.L. HRE V.K. S 'iTii Nit./ananci. Retired GatekeeDer. Jyot'pur, Pendraroad, DisS. Biiaspur (CG). Versus Chief Medica! Ofricer, South Eastem Centrai Rallv.'ay Hospitai, Biiaspur, Disit. Sitaspur (CG). Dr. Panda, South Eastern Centrai Railway Hospital, Bilasour. Distt. Bilaspur (CG). 3. Dr. P. Khapre, South Eastern Centra' Railway Hospitai, iiaspur, Distt. Biiaspur (CG). 4. Dr. Dora, SouSh Eastern Centrai Railway Hospital, Biiaspur, Distt. Biiaspur (CG). 5. Smt. Dr. Ramtake, South Eastern Csntra' Raiiway Hospital, Bilaspur, Distt. Bilaspur (CG). Shri Amivakant Tiwari, Advocate aDDears as amicus curlae to asslst the petliioner. Shri A.mit C-houdharv'. counsel for the resDondents. (Passsdon 21st Mareh, 2007) The following orat order of the Court was passes !.L. Datt 'he iearned Chief Justice of this institution had directed ths Reoistry to register the Istter received bv him from the husband of the deceased oerson as writ Detition. That is hov'.'the matter is before us. 2- 2) tn the letter it was alleged by the author of the ietter that his wife died in Railway hospital due to negligence of the doctor, she was not attended after operation and the operatlon was conducted without the consent/signature of the husband. 3) The notice of Pubiic interest Litigation ("P!L" for shorf) was issued to the ressondents. Thev have entered aDDearance and have a!so fiied counter affidavits. !n that they have denied all tne ailegations and assertions made bv the author of the ietter in his ietier. In fact they went to the extent of saving that the wife of the author of the Setter died after 10 hours of the operatjon and in fact the author of the ietfer had given his consent before the operation of his wife was conducied. 4) The respondents denied the assertlon made by the author of the letter in his ietter. !n a matter of this nature, recording the evidsnce of the parties is absoiuteiy required. This type of cases cannot be decided on the basfe of affidavits and counter affidavits fiied by the parties and in the absence of any documentary evidence to orove that the wife of suthor ofthe ietter died due to neaiiaence ofthe hospitai authorities. 5) in view of the above, we are not jnciined to grant any of the re, ^ sought for in the ietter. Accordingly, this petition is disposed of. However, iiberty is reserved to the author of the letter to elther file an appropriate civii suit for appropriate reliefs or go before the consumer forum for appropriate orders and directions. ;) With the aforesaid observations and dlrections, ths petition stands disposed of. Ordered accordini Sd/- The ChiefJustice Sd/- V.K.Shrivastava Judge t>.E1