AMAR CHAND SARAOGI Vs. LALMATI DEVI

JUDGEMENT

(1.) All these applications were originally filed under section 115 of Code of Civil Procedure and were registered as Civil Revision applications, after complying the procedures prescribed under Chapter III and IIIA of the Patna High Court Rules (in short Rules). However, in view of the law laid down by the Apex Court in the case of Shiv Shakti Co-operative Housing Society, Nagpur V/s. Swaraj Developers and Ors, 2003 6 SCC 659, and Suryadeo Rai V/s. Ramchander Rai and Ors, 2003 6 SCC 675 as also in view of a Division Bench judgment of this court in the case of Durga Devi V/s. Vijay Kumar Poddar, 2010 2 PLJR 954, all the civil revision applications, by separate orders passed in each of the proceeding separately, were held to be not maintainable, but liberty was granted to the petitioner (s) to convert all the civil revision applications into writ petitions under Article 227 of the Constitution of India. In compliance of those separate orders, learned counsels appearing on behalf of the petitioner(s) in each of the cases have converted these civil revision applications into writ petitions under Article 227 of the Constitution of India by making necessary correction in the original petition filed as Civil Revision application.

(2.) After such conversion, all these applications were placed before the Designated Officer of the Centralized Filing Counter for the stamp report in terms of Rule 1 of Chapter IIIA of the Rules. Designated Officer of the Centralized Filing Counter has pointed out certain defects in each of the petitions and therefore, all these matters have been placed under the heading FOR ORDERS (ON OFFICE NOTES).

(3.) Learned counsel appearing on behalf of the petitioners in each of the cases, though have shown their willingness to remove the defects pointed out by the Designated Officer of the Centralized Filing Counter, but in one voice, they have raised a common grievance about the listing of these matters as civil revision applications. They are unanimous in their submissions that once by a judicial order the civil revision application was held to be not maintainable and in view of liberty granted by the court, the said civil revision application was converted into a writ petition under Article 227 of the Constitution of India, then the application originally filed ceases to be civil revision application and ought to have been registered as writ petition under Article 227 of the Constitution of India without awaiting compliance of the procedure once again prescribed under Chapter IIIA of the Rules. According to them, after conversion of the civil revision application into writ petition under Article 227 of the Constitution of India by virtue of judicial order passed in each of the proceeding separately, the same should have been registered as writ petition by allotting separate C.W.J.C. number and could have been placed before writ court dealing with such matters, for removal of the defects pointed out by the Designated Officer of the Centralized Filing Counter.