Gauhati High Court
Anveeksha Varma vs The State Of Assam And Anr on 22 October, 2025
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GAHC010219282025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/3261/2025
ANVEEKSHA VARMA
D/O- LATE PP VARMA, R/O- A 153,
DEFENCE ENCLAVE, KANKARKHERA,
MEERUT, UTTAR PRADESH,
PIN- 250001.
VERSUS
THE STATE OF ASSAM AND ANR
REPRESENTED BY THE CHIEF SECRETARY
TO THE GOVERNMENT OF ASSAM,
DISPUR, GUWAHATI-781006.
2:THE SECRETARY CUM LEGAL REMEMBRANCER
JUDICIAL DEPARTMENT GOVT OF ASSAM
DISPUR GUWAHATI
For the applicant : Mr. R. Choudhury, Advocate
(through video conferencing)
Mr. N. Gautam, Advocate
For the respondents : Mr. R.K. Bora,
Addl. Sr. Govt. Advocate, Assam
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-BEFORE-
HON'BLE THE CHIEF JUSTICE MR. ASHUTOSH KUMAR
HON'BLE MR. JUSTICE ARUN DEV CHOUDHURY
22-10-2025
(Ashutosh Kumar, C.J.)
We have heard Mr. R. Choudhury, learned Advocate, who has
appeared on behalf of the applicant through video conferencing and
Mr. R.K. Bora, learned Additional Senior Government Advocate, Assam
for the respondents.
This Court vide judgment dated 14.05.2024 struck down the Article
11 of Schedule I of Court Fees Act, 1870 (Assam Amendment) which was
brought into effect by the Assam Court Fees (Amendment) Act, 1950 in
respect of levy of Court fee for grant of probate or letter of administration
at the rate of 7% ad-valorem where the value of properties exceed
Rs.5,00,000/- without there being any upper limit fixed.
The relevant portions of the afore-noted judgment are as follows:
"19. In view of the above settled position of law, if we examine, it is clear that
Article 11 of Schedule 1 of Court Fees Act, 1870 (Assam Amendment) brought
into effect by the Assam Court Fees (Amendment) Act, 1950 provides levy of
Court fees for grant of probate or letter of administration at the rate of 7% ad
valorem where the value of the properties exceeds Rs.5,00,000/- without there
being any upper limit, whereas a person, who approaches the Civil Court
claiming decrees, is required to pay Court fees not excess of Rs.11,000/- in the
State of Assam.
It cannot be denied that the proceedings for grant of probate and letters of
administration are also registered as suits and proceeded with accordingly but
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in respect of other suits an upper limit of Rs.11,000/- on the Court fee is fixed in
the State of Assam, whereas in the case of grant of probate, where the value of
properties exceeds Rs.5,00,000/-, no upper limit Court fees is fixed. In our view,
it cannot be justified to single out the proceedings for grant of probate or letter of
administration for an ad valorem without the benefit of any upper limit though it
is prescribed in the very same statute for all other litigants.
In such circumstances, we have no hesitation in holding that Article 11 of
Schedule I of Court Fees Act, 1870 (Assam Amendment) brought into effect by
the Assam Court Fees (Amendment) Act, 1950 in respect of levy of Court fee for
grant of probate or letter of administration at the rate of 7% ad valorem where
the value of properties exceeds Rs.5,00,000/- without there being any upper
limit fixed is ultra vires to the Article 14 of the Constitution of India and the
same is held as such.
21. In our view, it is high time for the State Government to take into
consideration the matter regarding levy of court fees and to make effort to bring
rationalization on levy of court fees in the proceedings filed before the Courts."
The concern of the applicant herein is that the judgment has yet
not been implemented and perhaps no step has been taken for
rationalising the levy of Court fee in the proceedings filed before the
Courts with respect to grant of probate.
The applicant, therefore, prays for a direction to the respondents to
inform as to what steps have been taken by the respondents in
compliance of the judgment referred to above or, in the alternative,
direct the respondents to immediately take steps in the matter of
rationalisation of Court fees in compliance with the above quoted
paragraphs of the judgment dated 14.05.2024.
Mr. R.K. Bora, learned Additional Senior Government Advocate,
Assam submits that he shall take instructions in the matter and shall get
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back to this Court by the next date.
Re-notify on 27.10.2025.
JUDGE CHIEF JUSTICE
Comparing Assistant
