ROSHAN SINGH Vs. RAJ PAL SINGH

JUDGEMENT

(1.) With the consent of the learend ecunsel for the parties, we are disposing of this petition at the admission stage,

(2.) The petitioner is Secretary of Kshetriya Lahkari Samiti, Aung, District Mainpuri. Certain disputes were referred to the R;- gistrar under Section 70 of the U. P. Co-operetiva Societies Act. He referred them to an arbitratorfor deciding the same. In all the 47 cases arbitration proceedings were taken and awards were given agafnstthe petitioner. The p-titionerfrled appeals in 37 cases before the appellate authority in accordance with the U. P. Co-operative Societies Act and Rules farmed thereunder. The petitioner made an application for stay of the recovery proceedings in all the 37 appeals but neither the appeals were enterained nor his stay appfication was disposed of. The petitioner thereunder filed this petition for the issue of a writ pf mandamus directing the appellate authority to hear and dispose of the petitioner's appeals and the stay application.

(3.) A counter-affidavit has been filed on behalf of the respondents wherein it has been stated that the patitioner's appeals are incompetent as the petitioner has failed to pay the requisite amount of court fee as comtemplated by Rule 3 of the U. P. Co-operative Societies Act and Rules, 1965. The petitioner on the other hand asserts that under Rule 5 read with Rule 359-B of the Rules framed under the U. P. Co-operative Societies Act, the petitioner is liadle to pay court fee at 1/2 times the rate specified in Rule 358 which lays down that court fee on an appeal involving the amount in excess of Rs. 5,000 shall be paid at the rate of the value of the property or the amount of value involved in the reference. The patitioner further asserts that he was ready to pay 1 1/2 times of the rate as court fee but the appellate authority has been insisting for the payment of court fee at the rate of 3 per cent. The stand taken by the appellate authority does not appear to be correct. Sri B. D. Mandhyan failed to place any rule before us requiring the petitioner to pay court fee at 3 par cent. Further the Assistant Registrar by his order dated 7.2.80 informed the petitioner that the court fee payable an appeal involving an amount in excess of Rs. 5,000 would be payable at the rate of 1 1/2 percent. In view of the circumstances the appellate authority is not justified in insisting for the payment of court fee at the rate of 3 per cent. In the result, we allow the petition .and issue a writ of mandamus to the respondent no. 2 Assistant Registrar, Co-operative Societies, Aligarh, to entertain the pstitioer's appeals and dispose of the petitioner's interim stay application provided the petitioner pays the requisite court fee within a period of one month from today. The respondent no. 2 shall further take steps for early disposal of the appeal. Interim order stands discharged. Petition allowed.