High Court Patna High Court - Orders

Akhilesh Tiwary &Amp; Anr vs The State Of Bihar &Amp; Anr on 25 November, 2010

Patna High Court – Orders
Akhilesh Tiwary &Amp; Anr vs The State Of Bihar &Amp; Anr on 25 November, 2010
                IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   C.R. No.1054 of 2008
                             AKHILESH TIWARY & ANR
                                            Versus
                          THE STATE OF BIHAR & ANR
                                          -----------

3 25.11.2010 It is submitted on behalf of the petitioners that in

view of the law laid down by the Apex Court in Shiv Shakti

Coop. Housing Society, Nagpur Vs. Swaraj Developers

and others, reported in (2003)6 Supreme Court Cases 659

and Surya Dev Rai Vs. Ram Chander Rai and others,

reported in (2003)6 Supreme Court Cases 675 as well as

by a Division Bench of this Court in Durga Devi Vs. Vijay

Kumar Poddar, reported in 2010(2) PLJR 954, this Civil

Revision would not be maintainable. Thus, learned counsel

seeks permission to convert this Civil Revision into a Writ

Petition under Article 227 of the Constitution of India.

Leave is granted.

Let the petitioners convert this Civil Revision into

a Writ Petition under Article 227 of the Constitution of

India within three weeks failing which this Civil Revision

shall stand rejected as not maintainable without further

reference to a Bench.

SC                                                  (Dr. Ravi Ranjan, J.)