IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1884 of 2006 MOKHTAR AHMAD & ORS Versus AURANGJEB KHAN & ORS ----------- 9/ 06.05.2011 No body appears on behalf of the petitioners to press the present Civil Revision application. However, on close scrutiny of the impugned order passed by the learned court below, as also on examination of materials available on records, this Court finds that in view of the ratio laid down by the Apex Court in the case of Suryadeo Rai vs. Ram Chander Rai, reported in (2003) 6 SCC 675 as also in view of a Division Bench judgment of this Court in the case of Durga Devi Vs. Vijay Kumar Poddar, reported in 2010 (2) PLJR 954, the present Civil Revision application would not be maintainable. However, petitioners are granted liberty to convert this Civil Revision application into a writ petition under Article 227 of the Constitution of India within a period of four weeks from today. It is clarified that if the petitioners do not convert this Civil Revision application into a writ petition under Article 227 of the Constitution of India within the time prescribed by this Court, then it shall 2 be construed that the present Civil Revision application has finally been rejected by this Court, as not maintainable. Anjani/ ( Birendra Prasad Verma, J.)