BAMADEV PATRA Vs. COLLECTOR, CUTTACK AND ANOTHER

JUDGEMENT

(1.) Challenging, inter alia, the order dated 22.11.2007 passed by the learned Civil Judge (Sr. Divn.), 1st Court, Cuttack in Test Case No.28/03/6/05, the present petition is filed under Article 227 of the Constitution of India. By the said order, the learned trial court over-ruled the objection filed by the petitioner to the valuation report submitted by the A.D.M., Cuttack and accepted the report.

(2.) One Kanduri Charan Jena had executed a registered Will in the year 1981 in favour of the petitioner in respect of the land belongs to him. He died in the year 1986. Thereafter the petitioner filed an application for probate of the Will in the court of the learned District Judge, Cuttack, which is registered as Test Case No.28/03. The said case was transferred to the court of the learned Civil Judge (Sr. Divn.), Cuttack and renumbered as Test Case No.06/05. The petitioner made the valuation of the property at Rs.55,000/-. Learned court below issued notice to the Collector, Cuttack to ascertain the correctness of the valuation of property given by the petitioner as required under Section 19-H of the Court-fees Act, 1870. After conducting enquiry, the A.D.M., Cuttack submitted valuation report of the property and estimated the valuation of the property in question at Rs.5,11,850/-. The said report was submitted on the basis of the report submitted by the Tahasildar, Cuttack. The petitioner filed objection to the same. By order dated 22.11.2007, learned trial court over-ruled the objection and accepted the report.

(3.) Heard Mr. S.C. Mishra, learned counsel for the petitioner and Mr. S. Dash, learned Additional Standing Counsel for the State-opposite parties.