STATE OF J&K Vs. ZAMINDARAN OF VILLAGES KHANPORA

JUDGEMENT

(1.) THE present application has been filed by the State of Jammu and Kashmir through Principal Secretary to Government Industries and Commerce Department Srinagar with the prayer that they be allowed to deposit the deficit Court -fee.

(2.) THE matter pertains to Land Acquisition proceedings in village Khanpora District Budgam. The reference made in the proceedings to the Learned District Judge Budgam was disposed of by the Learned District Judge on 12.11.2000.Against the judgment and decree passed by the Learned District Judge, State of Jammu and Kashmir has filed an appeal before this Court which stands admitted by order of this court dated 17.03.2004. The State has not paid requisite court fee and in para 8 of the memorandum of Appeal the Appellants have undertaken to pay the requisite court fee on admission of the Appeal. Since no Court fee was paid, the present application has been moved by the State seeking permission to pay the same.

(3.) THE non -applicants / respondents have vehemently opposed the application Mr. S.T.Hussain appearing for the respondents/non -applicants submits that it is not a case of deficit court fee, but a case where the State has deliberately avoided to pay the court fee and has made its payment conditional. He has taken a serious objection to para 8 of the memorandum of Appeal and has submitted that in view of the law laid down by the Honble Apex Court in Butta Singh v. Union of India, (AIR 1995 SC:1945), this Court cannot exercise its discretion in favour of the State. Heard. Considered the matter.