Prafulla Govinda Baruah vs The State Of Assam And Anr
2023 Latest Caselaw 3160 Gua

                                                                        Page No.# 1/2

GAHC010095322018




                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                 Case No. : WP(C)/2919/2018

            PRAFULLA GOVINDA BARUAH
            S/O- LT RADHA GOVINDA BARUAH, R/O- H/NO. 47, NABAGIRI ROAD, GHY-
            4



            VERSUS

            THE STATE OF ASSAM AND ANR.
            REP. BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM, DISPUR, GHY-6

            2:THE SECRETARY CUM LEGAL REMAMBRANCER
             JUDICIAL DEPTT.
             GOVT. OF ASSAM
             DISPUR
             GHY-

Advocate for the Petitioner   : MR. R DUBEY

Advocate for the Respondent : GA, ASSAM




                                  BEFORE
                      HONOURABLE THE CHIEF JUSTICE
               HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND

                                          ORDER

Date : 16.08.2023

Learned counsel for the petitioner Mr. Pradyumna Sinha has drawn the attention of this Court to the judgment rendered by the Hon'ble Supreme Court in Page No.# 2/2

a bunch of petitions, the lead case being P.M. Ashwathanarayana Setty and Others v. State of Karnataka and Others , reported in 1989 Supp (1) SCC 696, and urged that in the said judgment the Hon'ble Supreme Court affirmed the decision of the Bombay High Court whereby the ad valorem court fee on probate, which was prevailing in the State of Maharashtra, was struck down.

Learned Advocate General, Assam, Mr. D. Saikia submits that the matter can be considered objectively by the concerned department in the State Government keeping in view the ratio of the above judgment and also keeping in view the fact that very few probate applications are being filed in the State of Assam because of the ad valorem court fee.

Let this exercise be completed preferably within the next three weeks.

Re-notify on 13.09.2023.

                                         JUDGE                         CHIEF JUSTICE




Comparing Assistant