A Common Cause, Represented By The Consumer And Civil Rights Protection Council v. The Union Of India And ORS.

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA(P)/120/2020 A Common Cause represented by the Consumer and Civil Rights Protection Council Vs.

The Union of India and others Mr. Arul Prasanth.

... for the petitioner Mr. V.D.Sivabalan ... for the respondents November 04, 2024 [SR] Item no. 9.

1.

Challenge in this public interest litigation is to the Regulation 12 of the Court Fees (Andaman and Nicobar Islands) Amendment Regulation 1957.

2.

In terms of the said Regulation 12, the Court fees payable for application filed under the Indian Succession Act, 1925 has been made payable at a percentage of the value of the debt or security specified in the certificate issued under section 376, 377 of the Act of 1925. The percentage appears in the 3rd column to be gradually exceeding from 2% upto 10.5 % based on the value of such securities.

3.

It is argued by the learned counsel for the petitioner, Mr. Arul Prasanth, that in the very same Regulation, at the schedule that prescribes payment of Court fees for institution of the suit of any value is maximum of Rs.10,000/-. 4.

It is argued that a contested cause under the Succession Act of 1925 is automatically converted into the suit. Therefore, the quantum of Court fees payable for a proceeding under 1925 Act cannot be any different from the Court fees payable to any regular civil suit.

5.

Reference in this regard is made to a decision of the Supreme Court in the case of P.M.Ashwathanarayana Setty and others vs. State of Karnataka reported in AIR 1989 SC

100. In the said decision, the Supreme Court upheld the similar contention of the appellant that there cannot be a differentiation between the Court Fees payable to in respect of a proceeding under the Act of 1925 and a regular civil suit. 6.

Having regard to the facts and circumstances of the cases and without much ado, the Court has no hesitation to allow the public interest litigation. It is ordered that the percentage of total court fees mentioned in the Regulation 12 of the Court fees (A & N Islands) Regulations 1957 shall not under any circumstance exceed Rs.10,000/- in the case of any proceeding under the 1925 Act, irrespective of the value of the property which is subject matter of the proceeding.

7.

With the aforesaid observations and direction, the WPA(P)120/2020 stands disposed of.

8.

Let a copy of this order be circulated by the Registry of the Circuit Bench of Calcutta High Court at Port Blair to the District Judge, Port Blair, Additional District Judge, Port Blair and the Mayabunder and the District Delegatee concerned for necessary information and compliance.

( Rajasekhar Mantha, J. ) ( Partha Sarathi Sen, J. )