Binod Kumar And Others vs The State Of Jharkhand And Others
2021 Latest Caselaw 1584 Jhar

   IN THE HIGH COURT OF JHARKHAND AT RANCHI
                     W.P. (S) No.4668 of 2016
Binod Kumar and others ...   ...          ...     ...      ...     Petitioners
                        Versus
The State of Jharkhand and others       ...     ...      ...   Respondents
                        With
                     W.P. (S) No.4669 of 2016
Rajesh Kumar Verma and others ... ...    ...    ...   Petitioners
                        Versus
The State of Jharkhand and others ...  ...    ... Respondents
                        ------

CORAM:              HON'BLE THE CHIEF JUSTICE
           HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD
                        ------
For the Petitioners:       Mr. Anjani Mr. Verma, Advocate (in both cases)
For the Respondents:       Mr. Ahmed, AC to SC (Mines)-I (in 4668/16)
                           Mr. Mithilesh Singh, G.A.-IV (in 4669/16)
                           Mr. Manoj Tandon, Amicus Curiae
                           ------
Oral Order
09 /Dated: 05.04.2021

Heard the parties and perused the order dated 18.02.2019.

The issue involved in this case is as to whether only one set of

Court-fee would be admissible in the present case or every writ

petitioner has to file separate Court-fee. The Lawazima Board of

learned Registrar General by order dated 23.01.2017 considering the

order of the Division Bench passed in W.P. (S) No. 2928 of 2008

(Vijay Thakur and Others Versus the State of Jharkhand & anr) has

ignored the defect and allowed the writ petitioners to file one set of

Court-fee, though there are more than one petitioner.

The prayer in the writ petition is for regularization of the

services of the writ petitioners. The learned Single Judge has referred

that one Division Bench is of the opinion that only one set of court fee

would be required to be filed, however, there is another decision of a

Division Bench which has rendered that in the facts and

circumstances of the case, separate Court-fee would be required to

be filed. This issue has been referred for consideration before this

Court.

In view of the contrasting decisions of two Division Benches as

described in the order dated 18.02.2019 and in view of the fact that

the Division Bench of Ranchi Bench of Patna High Court in LPA No.47

of 1999(R) along with LPA No.100 of 1999(R) has considered the

earlier decision rendered by the Division Bench in Smt. Krishna Pati

Devi Vs. The State of Bihar & Ors reported in (1998) 2 PLJR 765

and has come to the conclusion that only one set of Court-fee would

be required in the facts and circumstances of the case and the

subsequent judgment of the Division Bench of this Court rendered in

W.P. (S) No.2928 of 2008 (Vijay Thakur and Others Versus the

State of Jharkhand & anr) without considering any earlier decision of

the different Division Benches which recommend for filing separate

set of Court-fee in the facts and circumstances of the case, we deem

it fit and proper that in view of the variance of the views between the

different Division Benches, this issue is required to be considered

elaborately for which order is reserved after hearing the parties on the

point of reference by the Single Bench.

(Dr. Ravi Ranjan, C.J.)

(Sujit Narayan Prasad, J.) Manoj/Raman