MANZOOR AHMED Vs. STATE GOVERNMENT

JUDGEMENT

(1.) The question for consideration is whether the petition for review of the Judgment in W. P. 255 of 1969 has to bear Court-fee stamp of Rs. 50.00 as pointed out by the office or Rs. 2.00 as contended by the petitioner. Notice was given to the Government Pleader and he placed the relevant provision of the Andhra Pradesh Court-fees and Suits Valuation Act before me. He says that the proper Article which governs this petition is Article 5 of Schedule I which deals with application for review of a judgment. In the column relating to proper fee, it is stated

(2.) Hence the residuary Article 11 (u) of Schedule II applies and the proper Court-fee is Rs. 2.00.

(3.) It is true that this may encourage persons to file frivolous petitions for review of judgments in writ petitions, The proper remedy, in my view, is to see that the Court-fees Act is amended suitably if such a situation is desired to be avoided.