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2011 DIGILAW 223 (MP)

Naresh Agrawal v. State of M. P.

2011-02-15

BRIJ KISHORE DUBE, S.K.GANGELE

body2011
ORDER Gangele, J. 1. Heard. 2. The petitioner has filed this public interest litigation petition in regard to non-availability of judicial and non-judicial stamps at Gwalior. 3. As per the petitioner, he filed a civil suit for specific performance and declaration of permanent injunction. He had to pay court-fees of Rs. 1,50,120/- on the plaint. However, the court-fees could not be paid within time because the vendor informed the petitioner that he had no requisite stamps and near about 10 days time would be required for the stamps. He further submitted that inspite of that the court-fees stamp was not available and the petitioner has to file the court-fees on the denomination of stamps of Rs. 5/- and Re.1/-. He further submitted that there is an acute shortage in Gwalior District of judicial and non-judicial stamps due to which the litigants could not take recourse of judicial remedies within time which is violative of right of litigants to seek judicial remedies and it is also a hindrance in getting justice. 4. The respondents-State in their reply admitted the fact that there was a shortage of judicial and non-judicial stamps at city Gwalior. However, the respondents attributed the factum of shortage of stamps due to non-availability of the same from the Printing Press Nasik and Hyderabad. 5. This Court also directed the Inspector General of Stamps to remain present in person before the Court. Thereafter, the Inspector General of Stamps was present before this Court on 19.1.2011 and admitted the fact that there is a problem of non-availability of judicial and non-judicial stamps at Gwalior. However, subsequently, the Government Advocate placed a letter of District Treasury Gwalior mentioning the fact that the Treasury has received the stamps of Rs. 500/- of total value of Rs. 1 crore; Rs. 1,000/- of total value of Rs. 2 crore; Rs. 200/- of total value of Rs. 40,00,000/-; Rs. 100/- of total value of Rs. 10,00,000/-; Rs. 50/- of total value of Rs. 5,00,000/-; Rs. 2/- of total value of Rs. 44,00,000/- and Re.1/-of total value of Rs. 13,20,000/-. 6. From the facts of the case, it is clear that for quite a long time the judicial and non-judicial stamps were not available at Gwalior District. 7. Section 27 of the Court-fees Act, 1870 prescribes that appropriate Government may frame rules from time to time in regard to supply of stamps. 44,00,000/- and Re.1/-of total value of Rs. 13,20,000/-. 6. From the facts of the case, it is clear that for quite a long time the judicial and non-judicial stamps were not available at Gwalior District. 7. Section 27 of the Court-fees Act, 1870 prescribes that appropriate Government may frame rules from time to time in regard to supply of stamps. The relevant section is as under : 27. Rules for supply, number, renewal and keeping accounts of stamps. -- The appropriate Government may, from time to time, make rules for regulating -- (a) the supply of stamps to be used under this Act; (b) the number of stamps to be used for denoting any fee chargeable under this Act; (c) the renewal of damaged or spoiled stamps; and (d) the keeping accounts of all stamps used under this Act: Provided that, in the case of stamps used under section 3 in High Court, such rules shall be made with the concurrence of the Chief Justice of such Court. All such rules shall be published in the Official Gazette, and shall thereupon have the force of law. 8. Thereafter the rules were also framed and published in Rajpatra dated 13.12.1963. The relevant rules are as under : 432. The following instruction on the use of adhesive and impressed stamps issued under the Judicial Department Notification No. 1823-1428-XIX, dated the 10th October, 1941, are reproduced for the information and guidance of the Judges : (1) When, in the case of fee amounting to less than Rs. 25/- the amount can be denoted by a single adhesive stamp of the required value. If the amount cannot be denoted by a single adhesive stamp or if a single adhesive stamp of the required value is not available, a stamp of next lower value available shall be used, and the deficiency shall be made up by the use of one or more additional adhesive stamps to make up the required amount of the fee. These additional stamps should also conform to the principle that a stamp of next lower value shall be used in preference to stamps of smaller value. (2) In the case of fee amounting to or exceeding Rs. 25/- the fee shall, if possible, be denoted by a single impressed stamp of the required value. These additional stamps should also conform to the principle that a stamp of next lower value shall be used in preference to stamps of smaller value. (2) In the case of fee amounting to or exceeding Rs. 25/- the fee shall, if possible, be denoted by a single impressed stamp of the required value. If the amount cannot be so denoted or if a single impressed stamp of the required value is not available, an impressed stamp of the next lower value available shall be used, and the deficiency shall be made up by the use of one or more additional impressed and adhesive stamps to make up the required amount of the fee. These additional stamps should also conform to the principle that a stamp of next lower value shall be used in preference to stamps of small value. 3) If a stamp of a particular value which should be used under rules (1) and (2), if not available at the nearest treasury or sub-treasury or from the nearest vendor authorised to sell stamps of the value, the required value may be made up by the use of two or more stamps available at such treasury or sub-treasury or from such vendor, a stamp of the next lower value available being used in preference to stamps of small value. In every such case, a certificate stating the value and number of the stamps required but not available shall be given by the treasury officer or sub-treasury officer or vendor, as the case may be. (4) Whenever a treasury officer or sub-treasury officer finds that the stock of stamps of a particular value is surplus, he may issue such stamps in preference to stamps of a higher value in order to adjust the surplus stock. Stamps issued under this rule shall be used as laid down in rule (3). In every such case the treasury officer, sub-treasury officer or vendor, as the case may be shall give a certificate stating the value and number of the stamps required but not issued in order to adjust the surplus stock. From the aforesaid rules, it is clear that it is the statutory duty of the treasury officer of the concerned District to make available the stamps of proper denomination of judicial and non-judicial. From the aforesaid rules, it is clear that it is the statutory duty of the treasury officer of the concerned District to make available the stamps of proper denomination of judicial and non-judicial. It is also the duty of the Inspector General of Stamps to ensure the supply of stamps to the district. From the facts of the case, it is clear that the respondents have failed in their duty to supply the stamps at Gwalior District within time. 9. It is an admitted position of law that the citizens have a fundamental right to take the recourse of judicial remedy available to them under the Constitution and under various enactments to get proper redressal of their grievances. For the aforesaid purpose, they have to pay court-fees in accordance with the provisions of Court-fees Act, 1870 and due to nonavailability of judicial and non-judicial stamps within time, the citizens could not take recourse for redressal of their grievances before the judicial and quasi-judicial forums. Certainly it is in violation of fundamental rights of the citizens. In such circumstances, the petition of the petitioner is disposed of with the following directions : (i) The respondents shall make full endeavour to make available of judicial and non-judicial stamps at the District Treasury Office, Gwalior. (ii) The respondents shall further ensure that the samp vendors shall provide stamps to the persons or advocates of proper denomination. (iii) If the respondents fail to obey the direction of this Court, then the respondens shall be liable for contempt of Court and penal action. (iv) This Court observes that the direction issued by this Court shall be complied with sincerely by the respondents. (v) No order as to costs.