Somanath Sahoo vs Collector
2023 Latest Caselaw 108 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK
                               L.A.A No. 9 of 2022

Somanath Sahoo                       .....                                    Appellant
                                                           Mr. S. Mohanty, Advocate
                                     Vs.
Collector, Angul & Ors.              .....                                  Respondents
                                                                    Mr. G. Rout, ASC

              CORAM: JUSTICE SANJAY KUMAR MISHRA

                                             ORDER

03.01.2023 I.A. No. 45 of 2022 Order No. This matter is taken up through hybrid mode.

03.

2. Pursuant to Order dated 16.08.2022, learned Counsel for the Appellant, in order to justify the prayer made in the I.A. draws attention of this Court to the legal provisions enshrined under Section- 19(xxii) of the Orissa Amendment of the Court Fees Act 1870, which provides for exemption of Court Fees.

3. Learned Counsel for the Appellant further draws the attention of this Court to the provisions enshrined under Section-149 of the Code of Civil Procedure and submits that since the present Appellant is a pensioner and at present unable to pay the deficit Court Fees, as pointed out by the Stamp Reporter, the Appellant may be exempted from payment of the deficit Court Fee for the time being.

4. Though no objection has been filed by the learned Counsel for the State in response to the I.A., Mr. G.Rout, learned ASC vehemently opposes to the prayer made in the I.A. and submits that unless the Court Fee payable is deposited by the Appellant, the Appeal cannot/should not be heard on merit.

5. Admittedly, excepting the averment to the effect that the Petitioner/Appellant is unable to pay the required Court Fees at present as nil award has been passed vide the impugned judgment, no where it has been averred in the I.A. as to his incapacity to bear the expenses to be incurred towards deposit of deficit Court Fees.

6. Learned Counsel for the Appellant submits that his client is ready and willing to deposit the deficit Court Fees, as pointed out by the Stamp Reporter before the Appeal is taken up for hearing and till then the Appellant be exempted from payment of deficit Court Fees.

7. In view of such submission made by the learned Counsel for the parties, this Court is inclined to allow the I.A. with an observation that the Appellant would pay the required deficit Court Fees, as pointed out by the Stamp Reporter, before the Appeal is taken up for hearing.

8. Accordingly, I.A. stands disposed of.

                                                    (S.K. MISHRA)
                                                        JUDGE

Order No.                              L.A.A. No.9 of 2022
   04.

1. In view of Order passed today in I.A. No.45 of 2022, matter be listed under the heading "Fresh Admission" in the week commencing from 30th January, 2023.

(S.K. MISHRA) JUDGE Banita