Dinesh Jibkate v. Rakesh Kumar

HIGH COURT OF CHHATTISGARH, BILASPUR Order Sheet WPC No. 1807 of 2015 Dinesh Jibkate Versus Rakesh Kumar 03/11/2015 Shri KR Nair, Advocate for the petitioners.

Shri Avinash Singh, PL for the State.

In view of the law laid down by the Supreme Court in Radhey Shyam and Another Vs. Chhabi Nath & others {2015 (5) SCC 423} a writ of certiorari cannot be issued against a civil Court, therefore, this petition under Article 226 of the Constitution of India is not properly framed. Let the petitioner amend the cause-title to mention that this is a petition under Article 227 of the Constitution of India. Let it be done during the course of the day. Registry is directed to delete the case from the register of WP(C) and re-register the same as WP (227).

Sd/- Judge Prashant Kumar Mishra Ashu