BHAGAWAT Vs. STATE OF U.P.

JUDGEMENT

(1.) First Appeal (Defective) No. 1033 of 2004, First Appeal No. 55 of 2017, First Appeal No. 100 (defective) of 2013, First Appeal No. 569 of 1997, First Appeal (Defective) No. 244 of 2017, First Appeal (Defective) No. 245 of 2017 and First Appeal (Defective) No. 246 of 2017 are Seven First Appeals filed under section 54 of the Land Acquisition Act. In all these appeals, there has been deficiency in payment of the required Court fees at the time of the presentation of the appeal.

(2.) First Appeal (Defective) No. 1033 of 2004 was presented before the Stamp Reporter on 16th December, 2004 when it was reported to be deficient by Rs. 72,997.50/-. An application seeking four months time was filed along with the appeal before the Court being Application No. 237211 of 2004. No order was passed on the application, but the deficiency was not made good even after expiry of the four months from the date the appeal was presented. This appeal was dismissed by the High Court on 27.4.2007 for want of prosecution. Restoration application was filed which did mention that the appeal was insufficient stamp but no attempt was made to make good the deficiency even at that stage. An application for accepting for deficient court fees was made on 4.4.2017 i.e. after 13 years of the institution of the appeal which has been accepted without any reasons being recorded. The appeal was restored on 25.5.2017.

(3.) First Appeal No. 55 of 2017 has been filed by U.P.S.I.D.C. on 11.5.2015 the Stamp Reporter reported the deficiency of Rs. 83,765/-, application No. 171080 was made without disclosing any reason, as to why the U.P. S.I.D.C. is not in a position to made good the deficiency seeking extension of time. Notice were issued on Section 5 Application on 18.5.2015. Deficient court fees was supplied on 7.7.2015. No order has been passed by the Court accepting the court fees supported by reasons.