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Patna High CourtC.Misc./661/2019converted

Ram Raj Singh @ Ram Raj Yadav v. Komal Singh

2024-01-29Mr. Justice Arun Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.661 of 2019 ====================================================== Ram Raj Singh @ Ram Raj Yadav ... ... Petitioner/s

Versus

Komal Singh & Ors.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arabind Nath Pandey, Advocate For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 29-01-2024 Learned counsel for the petitioner submits that he has removed all the defects in terms of order dated 02.05.2019.

2. From perusal of office note it seems the petition should have been filed under Article 226 of the Constitution of India but it has been wrongly filed under Article 227 of the Constitution of India under the heading "Civil Miscellaneous".

3. Under the circumstances, the present petition is not entertainable before this Court under Civil Miscellaneous jurisdiction.

4. In view of the above facts and circumstances, learned counsel for the petitioner is permitted to convert the present petition into Civil Writ Jurisdiction Case under Article 226 of the Constitution of India within two weeks, failing which

Patna High Court C.Misc. No.661 of 2019(3) dt.29-01-2024 2/2 the present petition will be dismissed without further reference to a Bench.

(Arun Kumar Jha, J) DKS/- U