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2026 Supreme(Online)(MP) 123548

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
Pranay Verma, J
Ramjeet Patel – Appellant
Versus
Murari Patel – Respondent
MISC. PETITION No. 3221 of 2019



Important Points

The court permitted the conversion of a Miscellaneous Petition filed under Article 227 of the Constitution of India into a Writ Petition under Article 226 of the Constitution of India.

Subject

Civil - Procedural Law

Act Referred

Headnote

(A) Procedural Law - Conversion of Petition - Request to convert a Miscellaneous Petition filed under Article 227 of the Constitution of India into a Writ Petition under Article 226 of the Constitution of India is permissible and granted.

Issues: Whether the Miscellaneous Petition under Article 227 can be converted into a Writ Petition under Article 226.

Legal Category Hierarchy

  • constitutional law
    • supervisory and writ jurisdiction
      • conversion of petitions (Para 1, 2, 3, 4)
  • practice and procedure
    • amendment of pleadings (Para 3)

Advocates:
For the Appellants/Petitioners: Rajroop Patel
For the Respondents:

Table of Contents

1. Petitioners seek the conversion of a Miscellaneous Petition filed under Article 227 of the Constitution into a Writ Petition under Article 226 of the Constitution. (Para 1 )

2. Counsel for the petitioners requested the court to convert a Miscellaneous Petition into a Writ Petition for proper constitutional adjudication. (Para 1 )

3. The court found the prayer for conversion of the constitutional petition acceptable and directed the office to process the amendment accordingly. (Para 2 )

4. A court has the jurisdiction to allow the conversion of a petition from Article 227 to Article 226 of the Constitution upon the request of a petitioner. (Para 2 )

5. The Miscellaneous Petition is disposed of with directions to the office to amend the petition memo and re-list the matter as a Writ Petition within three working days. (Para 2 , 3 , 4 )

6. Does a court have the authority to permit the conversion of a petition from Article 227 to Article 226 of the Constitution?

Yes, upon the request of the petitioner, the court may permit the conversion of a Miscellaneous Petition under Article 227 into a Writ Petition under Article 226 of the Constitution to ensure appropriate legal proceedings. (Para 1 , 2 )

ORDER

Learned counsel for the petitioners prays for conversion of this Miscellaneous Petition under Article 227 of the Constitution of India into a Writ Petition under Article 226 of the Constitution of India.

2. Prayer is allowed and this Miscellaneous Petition under Article227 of the Constitution of India is directed to be converted into a Writ Petition under Article 226 of the Constitution of India.

3. Office is directed to carry out the necessary amendment in the memo of petition within a period of three working days and to list the writ petition before the appropriate Bench.

4. This Miscellaneous Petition, is accordingly, disposed off.

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