Moti Lal Nayak & Others vs The State Of Jharkhand & Others
2021 Latest Caselaw 3114 Jhar

   IN THE HIGH COURT OF JHARKHAND AT RANCHI

                         W.P.(S) No. 2054 of 2021
    Moti Lal Nayak & Others                      .... .... Petitioners
                             Versus
    The State of Jharkhand & Others              .... .... Respondents
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CORAM : HON'BLE MR. JUSTICE DR. S.N. PATHAK (Through Video Conferencing)

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For the Petitioner : Ms. Neha Bhardwaj, Advocate For the Respondents : Mr. Indranil Bhaduri, SC-IV

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I.A. No. 2564 of 2021

2 / 25.8.2021 This instant interlocutory application has been filed seeking exemption from filing deficit court fee.

It has been submitted by learned counsel Ms. Neha Bhardwaj, that the petitioners are challenging the common orders / decisions passed by orders dated 4.2.2021 and 10.2.2011 (Annexure-7 and 8 respectively) and reliefs sought for can be granted to the petitioners by one stroke of pen. Learned counsel places heavy reliance on the judgment of the Hon'ble Patna High Court in the case of Smt. Krishna Pati Devi & Ors. Vs. State of Bihar & Ors, reported in 1998 (2) PLJR 765. Learned counsel further argues that this Court in W.P.(S) No. 2928 of 2008 vide order dated 20.9.2008 has been pleased to hold that in one writ petition, only one court fee is required to be paid and several orders have been passed by this Court, whereby this Court was pleased to hold that one court fee is sufficient in one writ petition, though there may be several petitioners. Learned counsel further submits that there is a common interest of the petitioners involved in the present writ petition and by common decision, reliefs sought for can be granted to the petitioners by one stroke of pen and hence, only one court fee is sufficient in view of the above legal propositions and judicial pronouncements.

Since the issue of deficit court fee has already been set at rest by this Court vide order dated 6.9.2018 passed in W.P.(S) No.3470 of 2016, I herby direct the office to accept only one court fee in the instant writ petition. Accordingly, defect No.2, as pointed out by the office, regarding deficit court fee, is ignored.

I.A. No.2564 of 2021 is allowed and disposed of.

W.P.(S) No. 2054 of 2021

Since, it has been submitted by the learned counsel for petitioners that other defects, as pointed out by the office have already been removed, let this petition be listed under the appropriate heading.

(Dr. S. N. Pathak, J.) R.Kr.