HIGH COURT OF CHHATTISGARH, BILASPUR W.P {227) No. 5323 of 2008 PETITIONERS/ 1 . Sushil Sharma, s / o Late PLAINTIFFS Matadinji Shanna, aged about 47 years, R/o Vivekanand Colony, Dhamtari, District Dhamtari (CG). 2. Mukesh Peencha, son of Shri Kushalchand Peencha, aged about 37 years, R/o Sadar Bazar, Dhamtari, District Dhamtari. Versus RESPONDENTS 1. Jagritram Sahu, son of Shri L Jaylal Sahu, aged about 50 DEFENDANT years, R/o Village Kurmatarai, Tehsil 8L District Dhamtari [c.G). 2. State of Chhattisgarh, through Collector, Dhamtari (C.G).) WRIT PETITION UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA Appearance: Shri Adil Minhaj, counsel for the petitioners. Shri P.P. Sahu, counsel for respondent noil. Ku. Sangeeta Mishra, counsel for the State/respondent no.2 /// /. / ORDER (06.07.2009) SUNIL KUMAR SINHA, J, Heard. The petitioners/plaintiffs have filed this petition under Article 227 of the Constitution of India challenging the validity of order dated 14.07.2008 (Annexure P-l) passed by the Addl. District Judge, Dhamtari, in an unregistered civil suit. It appears that the petitioners/plaintiffs tiled a civil suit for specific performance making valuation of Rs.6,55,000/—. The court fee was not paid on the plaint. They also filed an application for sending the case to Sthayi Evam Nirantar Lok Adalat ) \ Dhamtari. In fact, in the cause title of the plaint itself, it has been 2 W.P.C(227) No.5323/2008 mentioned in the bracket as Sthayi. Evam Nirantar Lok Adalat, DhamtarL The learned District Judge after perusal of the plaint as also application for sending the matter to the said forum, observed that n0 such forum is established in the District of Dhamtari and the application was dismissed. After dismissal, the said application and the entire records of the civil suit were directed to be consigned to the record room. Shri Adil Minhaj, learned counsel appearing on behalf of the petitioners submits that even if the application for sending the matter to Sthayi Evam Nirantar Lok Adalat, Dhamtari, was dismissed, it was incumbent on the Court to keep the plaint with it and to treat it as a regular civil suit and then pass any order under the provisions of the Code of Civil Procedure like an'order under Order 7 Rule 11 o C.P.C., if the plaintiffs even after grant of time by the Court for flling the requisite court fee failed to comply with the orders’ He submits that nothing like above has been done and the suit itself has been sent to the record room along— with the application for sending the matter to the concerned Lok Adalat. It is an admitted position that there is no Sthayi Evam Nirantar Lok Adalat , in the district of Dhamtari. In view of the above, learned counsel for the petitioners seeks permission to withdraw this writ petition with a liberty to file an appropriate application for calling the case from the record room and prosecuting the same as a regular civil suit before the concerned Court. @ Permission granted. Accordingly, this writ petition is dismissed as withdrawn with the liberty to the petitioners to file appropriate application before the concerned Court in accordance with law. No orders as to costs. r Sd/— Sunil Kumar Sinha Judge Rao ~