Jai Lal Choudhari v. Hukum Chand Choudhari

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WP227 No. 545 of 2016

1. Jai Lal Choudhari, aged about 39 years, Son of Shri Bharosa Prasad Choudhari, Aged About 39 Years Through Next Friend, Plaintiff No. 2 Smt. Prabhavati Aged About 32 Years, Wife Of Jai Lal Choudhari, R/o. Sector- I V, Quarter No. 06, Street No. 28, Bhilai, District Durg (Chhattisgarh)

2. Smt. Prabhavati, aged about 37 years, wife of Jai Lal Choudhri,

3. Chaulesh Kumar, aged about 17 years, son of Shri Jailal Choudhari,

4. Rohit Kumar, aged about 15 years, Son of Shri Jai Lal Choudhari,

5. Ritesh Kumar, aged about 09 years, son of Shri Jai Lal Choudhri No.3 to 5 are minors through guardian natural mother Smt. Prabhavati (Petitioner No.2(

6. Bharosa Prasad, aged about 77 years, son of late Bhagwat Choudhari,

7. Smt. Guna Devi, aged about 75 years, wife of Shri Bharosa Prasad Choudhari, All are R/o. Sector-IV, Quarter No.06, Street No.28, Bhilai, Tahsil and District Durg (CG) ---- Petitioners

Versus

1. Hukum Chand Choudhari S/o Laxmi Narayan Choudhari, aged about 43 Years R/o. 15A, Street No. 01, Sector- 04, Bhilai Township, Bhilai, Tahsil and District Durg (Chhattisgarh)

2. State Of Chhattisgarh, Through The Collector, Durg, District Durg (Chhattisgarh) ---- Respondents --------------------------------------------------------------------------------------------- For Petitioner :

Mr. Uttam Pandey, Advocate For State :

Mr.Ashish Surana, P.L.

--------------------------------------------------------------------------------------------- Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 09/11/2016

1. Application under Section 35 of the Court-fees Act, 1870 has

been rejected by the trial Court holding that the petitioners annual income is more than Rs.25,000/-.

2. Learned counsel for the petitioners would submit that Collector's report has been accepted without considering the objection of the petitioners as the Collector has included income of his brother also.

3. The trial Court has not passed reasoned and speaking order holding the income of the petitioner to be more than Rs.25,000/- and objection of the petitioners has not been looked into.

4. Accordingly, the order impugned is hereby set aside. The trial Court is directed to serve a copy of Collector's report to the petitioners and the petitioners will file an objection within a period of two weeks and thereafter the trial Court would take a fresh decision on the petitioners' entitlement from exemption of Court fees after hearing both the parties.

5. The writ petition is disposed of with above-stated direction. Sd/- (Sanjay K Agrawal) Judge B/-