BALESHWAR PRASAD GUPTA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The present interlocutory application has been filed on behalf of the petitioners for ignoring the defect no.7 raised by the office to the effect that the court fee of Rs.7,500/- is required to be paid by the petitioners.

(2.) Learned counsel for the petitioners submits that on perusal of the prayer made in the writ petition, it would be evident that all the petitioners have made common prayer for issuance of direction upon the respondents to restrain them from acquiring their additional land for construction/expansion of toll station, as further acquisition will render them landless. It has also been submitted by the learned counsel for the petitioners that since the cause of action of the petitioners is common, only one set of court fee is required to be paid by them and, therefore, defect raised by the office, requiring the petitioners to pay separate court fee, may be overruled.

(3.) Learned counsel for the petitioners, while relying on the order passed by a Bench of this Court dated 6th September, 2018 in W.P.(S) No.2756 of 2016 (Jai Kumar Prasad and Ors. Vs. The State of Jharkhand and Ors.), submits that if the petitioners have same cause of action, which is jointly against the same defendants, only one court fee is required to be paid. While passing the order dated 6 th September, 2018, learned Single Judge of this Court, applying the principle laid down by a Division Bench of the Patna High Court, Patna vide order dated 16th July, 1998 in L.P.A. No.580 of 1998 (Krishna Pati Devi Vs. State of Bihar and Ors.), has held that since the said petitioners were seeking regularization, only one court fee is sufficient.