Tempu Oraon v. Jharkhand State Housing Board, Ranchi
2019-08-01
SUJIT NARAYAN PRASAD
body2019
DigiLaw.ai
JUDGMENT : 1. The instant writ petition has been listed under the heading for “orders (with defects).” 2. It is evident from the Stamp report that altogether 8 defects are there and all the defects, save and except, the defect no. 1 pertaining to the court fee of Rs.750/- has not been deposited. 3. Ms. Bandana Kumari Sinha, learned counsel appearing for the petitioners has put his appearance and submitted that in view of the order passed by the Division Bench of this Court in L.P.A. No. 580 of 1998 in the case of Krishna Pati Devi Vs. State of Bihar and again vide order dated 20.09.2008, passed in W.P. (S) No. 2928 of 2008 in the case of common interest, one set of court fee is payable, but the matter would have been different, when the interest is not common but similar in the sense that each of the petitioners has suffered individual injury as a result of the impugned order, then in that through the interest is similar it cannot be termed as common interest and in such type of cases separate Court Fee is required to be paid. Further reliance has been put upon the Division Bench judgment reported in 2000 (2) BLJR 1383 (DB). 4. This Court after going across the aforesaid ratio laid down in these Division Bench judgments, passed by this Court and on the examination of the prayer made by the petitioners, which pertains to seeking restrainment order upon the respondents, not to interfere with the right and possession of the petitioners from their unacquired and remaining ancestral property, under Khata No. 15, Plot No. 361, Area of 1.60 acre. 5. It further appears from the pleadings made in the writ petition that the land in question is under the joint interest of the petitioners, therefore, the relief, as has been sought by the petitioners in this writ petition being common in nature, as such, one Court fee is required, accordingly, the defect, as has been pointed out for depositing court fee of Rs. 750/-is waived. 6. Office is directed to list this case under the appropriate heading.