RAJDHARI SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) A petition was received at the High Court by post under the expectation by the person who had sought to move the Court, one Rajdhari Singh, a writ would be issued. The writ petition was processed on the administrative side for certification on court fees limitation, etc. The Stamp Reporter has made a report that the petitioner be required to pay two sets of court fees, one for seeking a relief under Article 226 and the other for seeking a relief under Article 227 of the Constitution of India.

(2.) THE issue which was before the High Court was whether a citizen invoking the jurisdiction of the High Court in seeking extraordinary remedies as prerogative writs under the Constitution of India be obliged to pay not one court fees but a set of court fees regard being had to the circumstances that the relief sought may come under Article 226 and Article 227 both. The Court formulated the issues by its order of 29 August, 2001 which is reproduced below :

(3.) AS of date there has been no serious address to the Court by any of the Bar Associations. However, today at the Bar notwithstanding the fact that the Associations were not sufficiently interested to place any serious argument though an opportunity was provided, two members of the Bar have addressed the Court. They are Dr. R. Usha and Mr. A.K. Tripathi. Reply has also been given on behalf of the State by State Counsel (4) Mr. R.K. Dutta.