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2019 DIGILAW 1073 (JHR)

Scholastica Minz v. Vijay Oraon

2019-05-16

RONGON MUKHOPADHYAY

body2019
JUDGMENT : 1. Heard Mr. Sumir Prasad, learned counsel for the petitioner and learned A.C. to S.C. (L&C)-I for the State. No one appears for the private respondents. 2. The petitioner in this writ petition has prayed for quashing of the order dated 10.04.2015 passed in Succession Case No 12 of 2014 by learned Senior Civil Judge-I, Palmau by which the application preferred by the petitioner for depositing the court fee of Rs. 30,000/-has been rejected and the petitioner has been directed to deposit Rs.1,37,786/-as court fee in the succession case. 3. The factual aspect of the case reveals that the petitioner had filed Succession Case No. 12 of 2014 before the Court of learned Senior Judge-I, Palamau at Daltonganj with a prayer to grant succession certificate in respect of the debt of deceased enabling her to collect the amount of debt in the State Bank of India in the saving bank account of her late husband. 4. After considering the materials available, the Succession Case No. 12 of 2014 was allowed vide order dated 20.01.2015 and it was directed for issuance of succession certificate to the petitioner subject to deposit of Rs. 1,37,786/-as court fee. The petitioner had filed an application on 24.02.2015 stating therein that in terms of the decision rendered in Civil Revision No. 349 of 2003 she was required to deposit only Rs. 30,000/- 5. Learned counsel for the petitioner has drawn the attention of the court to the order dated 31.10.2006 passed in Civil Revision No. 349 of 2003 and in similar circumstances in the District of Latehar in Succession Case No. 4 of 2012, the learned Principal District Judge, Latehar has directed to deposit court fee of Rs. 30,000/-based on the aforesaid Division Bench Judgment of the Patna High Court. 6. Learned A.C. to S.C. (L&C)-I for the State has opposed the prayer made by the petitioner. 7. It appears from a perusal of the order dated 10.04.2015 that the order dated 31.10.2006 passed in Civil Revision No. 349 of 2003 was brought to the notice of the learned court below, but it seems that the said order has not at all been considered and merely on the report of Sirestedar, the court fee of Rs. 1,37,786/-has been ordered to be deposited by the petitioner. 1,37,786/-has been ordered to be deposited by the petitioner. In Civil Revision No. 349 of 2003, the Division Bench of the Patna High Court had come to a finding with respect to entry No. 10 under Schedule of the Court Fee Act with regard to succession certificate that the same shall be read subject to maximum of Rs. 30,000/-. Based on the aforesaid Division Bench Judgment of the Patna High Court, the learned Principal District Judge, Latehar passed an order wherein also the concerned petitioner had been directed to deposit court fee of Rs. 30,000/- 8. The impugned order dated 10.04.2015 therefore having not properly considered the order dated 31.10.2006 passed in Civil Revision No. 349 of 2003 and accordingly since the maximum limit of court fee is Rs. 30,000/-in the case of succession certificate, the said order is hereby quashed and set aside. 9. This writ application stands allowed. In view of the aforesaid order, the learned court below shall pass further necessary order in the matter.