High Court Patna High Court - Orders

Ravikant Singh vs Md.Mokim &Amp; Ors on 27 October, 2010

Patna High Court – Orders
Ravikant Singh vs Md.Mokim &Amp; Ors on 27 October, 2010
                 IN THE HIGH COURT OF JUDICATURE AT PATNA
                                C.R. No.1510 of 2007
                                 RAVIKANT SINGH
                                         Versus
                                 MD.MOKIM & ORS

4   27.10.2010

Learned counsel for the petitioner submits that in

view of the law laid down by the Apex Court in the cases

of Shiv Shakti Coop. Housing Society, Nagpur v. Swaraj

Developers and others ((2003) 6 Supreme Court Cases,

659) and Surya Dev Rai v. Ram Chander Rai and others

((2003) 6 SCC, 675) as well as by a Division Bench of this

Court in Durga Devi v. Vijay Kumar Poddar and others

and its analogous cases (2010(2) PLJR 954) while

deciding the maintainability of the Civil Revision in group

of cases, this civil revision would not be maintainable.

Learned counsel for the petitioner, therefore, seeks

permission to convert this civil revision into a writ

application under Article 227 of the Constitution of India in

view of the decision of the Division Bench rendered in

Durga Devi (supra) referred to above, while deciding the

issue of maintainability of the Civil Revision.

Permission is accorded

Let the petitioner convert this civil revision into a
-2-

writ application under Article 227 of the Constitution of

India within four weeks, failing which this civil revision

shall stand rejected as not maintainable without further

reference to a Bench.

SC                     (Dr. Ravi Ranjan, J.)