RAMESH PANDE Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) By consent of learned Counsel, this appeal was treated as having been posted for hearing and we heard them.

(2.) This appeal is from the order dated 31-8-1981 of Chandra kantaraj Urs, J., in writ petition of Ramesh Pande and others of 1981 regarding the court fee payable on that petition. The petitioners therein have presented this appeal and for the sake of convenience, they will hereinafter be referred to as the petitioners.

(3.) Petitioners, thirteen in number, who are individually engaged! in vending liquor in different towns of Karnataka, presented a writ petition under Art. 226 of the Constitution, impugning the constitutional validity of new S. 6-B of the Karnataka Sales Tax Act, 1957, substituted by the Karnataka Sales Tax (Amendment) Act, 1981 (hereinafter referred to as 'the impugned taxing provision') . On that petition, a court fee of Rs. 100 had been paid. The office of this Court raised an objection to the effect that proper court fes payable on that petition in which thirteen petitioners had: joined, was Rs. 1300 and the petitioners had to make good the deficient court fee of Rs. 1200. The learned single Judge, who heard that office objection, upheld it.