SANTOSH AND ORS. Vs. REGISTRAR

JUDGEMENT

(1.) The Division Bench of this Court, by an order dated 12.9.2011, has referred the following question for determination by the Larger Bench :

(2.) In Writ Petition No. 825 of 2006 along with the connected matters, the Division of this Court issued a direction on 6.9.2010 making a reference to the order dated 29.6.1976 passed in Special Civil Application No. 1259 of 1975 (Govindrao Atmaramji Warjukar and another v. The State of Maharashtra , through the Secretary, Agriculture and Cooperative Department, Sachivalaya, Bombay-32) and the judgment dated 12.8.1976 delivered in Civil Revision Application No. 343 of 1976 in Special Civil Application No. 3337 of 1976 (Mohd. Usman Abdul Jabbar v. Union of India , through the Secretary of Ministry of Trade and Commerce, Government of India, New Delhi, and others) (both unreported) holding that whenever there is a petition by the Association or any registered or unregistered organization claiming reliefs in favour of its members, the petitioners should pay Court fees qua each member of the Association. The petitioners in the said petition were directed to disclose the names of the members of the petitioner Association and to pay Court fees qua each member of the Association.

(3.) In the referal order, the Division Bench has observed that Special Civil Application No. 1259 of 1975 was filed by the two independent/unconnected citizens, both having licence as money lenders and doing the business accordingly as per the provisions of the Bombay Money Lenders Act, 1946, and it was not a petition filed by any artificial person. It has further observed that in Special Civil Application No. 3337 of 1976, the petitioners had already paid separate Court fees of Rs. 20/per head, claiming violation of Articles 14 and 16 of the Constitution of India, and it has found that the computation of Rs. 20/per head was proper. The order further holds that in both the matters, the question as to whether separate Court fee was required to be paid by each of the petitioners, was not involved.