RAM PRAVESH SHRIVASTAVA Vs. SOUTH EASTERN COALFIELDS LTD

JUDGEMENT

(1.) This order will govern payment of Court-fee in memo of appeal from the judgment/order passed by a Single Judge of this High Court in exercise of the original jurisdiction to a Division Bench of the same High Court. Learned single Judge of this High Court passed a final order dated 5-7-2006 in Writ Petition No. 1774/1992 whereby petition has been dismissed summarily. Appellant instituted the instant appeal against the order passed by one of the learned single Judges of this High Court for hearing to a Division Bench. In memo of appeal he only paid court fees of Rs. 15/- by affixing the court fee stamp of the same, therefore, Registry of this Court raised an objection that court fees of Rs. 85/- is deficit in memo of the instant writ appeal. Instead of removing the default, learned counsel for the appellant objected before the Registry that no provision for payment of court fee has been made in the Chhattisgarh High Court Rules, 2005, therefore, the matter has been listed for resolving the dispute regarding payment of court fees in such intra-court appeals. Realization of court fees being a matter of revenue of the State, learned Advocate General was also requested to assist the Court in determining the court fees payable on such appeals. Accordingly, learned Advocate General assisted the Court by his address, also learned counsel for the appellant was heard.

(2.) Brief history : M. P. Reorganization Act, 2000 (hereinforth, "the Act") came into existence from the appointed day i.e, 1-11-2000. In accordance with Section 21 of the Act, High Court of Chhattisgarh has been constituted and jurisdiction as envisaged in Section 23 of the Act, has been conferred on the High Court which enshrined that the High Court of Chhattisgarh shall have, in respect of any part of the territories including in the State of Chhattisgarh, all such jurisdiction, powers and authority as, under the law in force immediately before the appointed day, are exercisable in respect of that part of the said territories by the High Court of Madhya Pradesh. It is settled legal position that right of appeal is a creature of the statute, and there being no statute applicable to the State of Chhattisgarh for intra court appeal the State of Chhattisgarh enacted the Chhattisgarh High Court (Appeal to Division Bench) Act, 2006" (Act No. 1 of 2007) (henceforth, 'the Act') and thereby from 6-1-2007 following law for intra court appeal has come in force: THE CHHATTISGARH HIGH COURT (APPEAL TO DIVISION BENCH) ACT, 2006 An Act to provide for an appeal from a judgment or order passed by one Judge of the High Court in exercise of the original jurisdiction to a Division Bench of the same High Court. Be it enacted by the Chhattisgarh Legislature in the fifty-seventh year of the Republic of India as follows :

(3.) (1) The High Court may, from time to time, make rules for carrying out all or any of the purposes of the Act. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for the procedure of filing, hearing and disposal of appeal under sub-section (3) of Section 2.