IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.579 of 2010 JIYA LAL RAI Versus MOST. PANIYA DEVI & ORS. ----------- 3 22.07.2010 Mr. Bhubneshwar Prasad, learned counsel for the petitioner submits that by the impugned order dated 14.8.2008 appointing Advocate Commissioner had been recalled by the court below. In that view of the matter, it is submitted that the order being an interlocutory in nature, the civil revision is not maintainable in view of the law laid down by the Apex Court in the cases of Shiv Shakti Coop. Housing Society, Nagpur v. Swaraj Developers and others ((2003) 6 Supreme Court Cases, 659) and Surya Dev Rai v. Ram Chander Rai and others ((2003) 6 SCC, 675) as well as by a Division Bench of this Court in the cases of Durga Devi v. Vijay Kumar Poddar and others and its analogous cases(2010(2) PLJR 954) while deciding the maintainability of the Civil Revision in group of cases. Learned counsel for the petitioner, therefore, seeks permission to convert this civil 2 revision into a writ application under Article 227 of the Constitution of India in view of the decision of the Division Bench rendered in Durga Devi (supra) referred to above, while deciding the issue of maintainability of the Civil Revision. Permission is accorded Let the petitioner convert this civil revision into a writ application under Article 227 of the Constitution of India within two weeks, failing which it shall stand rejected without further reference to a Bench. No order on I.A. No. 6005/2010 is being passed at this stage since upon the prayer of the petitioner this civil revision application has already been permitted to be converted into writ petition as above. Spd/- (Dr. Ravi Ranjan, J.)