Bombay High Court
Swapnil Shivaji Bidawe And Others vs Indian Advocates Multi State Multi ... on 13 March, 2020
Bench: S. V. Gangapurwala, Shrikant D. Kulkarni
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
1020 WRIT PETITION NO.1454 OF 2019
WITH CA/14569/2019 IN WP/1454/2019
INDIAN ADVOCATES MULTI STATE MULTI PURPOSE CO
OPERATIVE SOCIETY LTD THROUGH AUTHORITY
..PETITIONER
VERSUS
THE STATE OF MAHARASHTRA AND ANOTHER ..RESPONDENTS
...
Mr. Sachin S. Deshmukh, Advocate for the
Petitioner.
Mr. S. G. Karlekar, AGP for Respondents-State.
...
CORAM : S. V. GANGAPURWALA &
SHRIKANT D. KULKARNI, JJ.
DATED : 13th MARCH, 2020.
PER COURT:-
1. The petitioner assails the communication
dated 12.06.2018 issued by the respondents, thereby
rejecting the application of the petitioner SEEKING
license for sale of stamps.
2. Mr. Deshmukh, learned counsel for the
petitioner contends that the petitioner is
registered Advocates Multi State Multi Purpose Co-
operative Society Limited. It is registered under
the provisions of Multi State Co-operative
Societies Act, 2002. The object of the petitioner
is welfare of the legal fraternity. The premises
have been allotted to the petitioner society at the
Principal Seat of this Court, so also before
Aurangabad Bench as well as at Parbhani, Hingoli,
Nanded, Buldhana and Dhule where the society has
started functioning. The State authorities have
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permitted the authorized association of the lawyers
to vend the judicial and non-judicial stamps by
issuing license to that effect. The petitioner
society pursuant to the permission granted is
selling judicial and non-judicial stamps within
Court premises at Bombay. In view of the
permission granted, the writ petition filed by the
petitioner bearing No.263/2013 is disposed of. The
State Authorities have issued license to the
petitioner for functioning within the premises of
High Court extension building at Mumbai, so also
City Civil Court and Sessions Court and Dindoshi
Court, Goregaon. The learned counsel submits that
the permission sought for vending of stamps in
Court premises at Aurangabad, Parbhani, Hingoli,
Nanded, Buldhana and Dhule has been rejected.
According to the learned counsel no rational exists
in rejecting the application of the petitioner for
vending of stamps. The stamps of small
denominations are not easily available and it also
impracticable to pay the Court fees of small
denomination online. The difficulty is not
considered by the respondents.
3. Mr. Karlekar, learned A.G.P. submits that
the policy of the State is to make the payment via
e-payment process through GRAS System and e-SBTR
System online. No complaints have been received
that the Advocates are facing difficulty in payment
of Court fees online. The learned A.G.P. submits
that the geographical situation for Mumbai region
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is different than the districts like Buldhana and
Dhule. The petitioner cannot seek parity on that
count. The respondent no.2 in strict observance of
the Government order dated 24.09.2010 has expressed
its inability to grant stamp vending license.
There are sufficient number of stamp vendors at
Aurangabad, Parbhani, Hingoli, Nanded, Buldhana and
Dhule. In addition to the physical stamp vendors,
the department has made available the online system
for e-payment through GRAS system. A policy
decision has been arrived at not to give license.
The e-payment facility is widely available. For e-
payment it is not necessary to have internet in the
Courts only. The Court fees can be paid from any
place. Considering the advantages of e-payment and
disadvantages attached relating to the printing and
supply chain management of physical stamps, the
policy decision is taken by the Government. The
Government had to face the stamp papers scam and
hence, better and secure payment system has been
arrived at.
4. We have considered the submission
canvassed by the learned counsel for the respective
parties.
5. It appears that the Government has evolved
e-payment system of the judicial and non-judicial
stamps. As far as the non-judicial stamps of high
denominations are concerned, naturally the e-
payment system would be more viable, safe and
secure.
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6. It has been suggested that in Courts
lawyers are required to pay Court fees stamp of
small denominations of Rs.10/-, so also Rs.5/-.
The court fees adhesive stamps are also required.
It may not be possible for the litigants and member
of the legal fraternity to pay Court fee stamp of
Rs.5/- or Rs.10/- online in each and every matter.
For affidavits also non-judicial stamps of Rs.100/-
are required.
7. We are only considering the practical
difficulty faced by the lawyers and the litigants
in Court premises while paying Court fees of small
denominations viz. Rs.5/- and Rs.10/-. It would
not be possible practically for each and every
lawyer and the litigant to pay such small
denomination Court fees via e-payment. Many
litigants in the Trial Court would be from rural
areas. At many places the licenses are given to
the Advocates Societies for vending stamps and the
same is in vogue even today. It is not the case
that sale of physical stamp is completely
prohibited. Of course, we appreciate the steps
taken by the State for encouraging the e-payment of
the stamp duty. However, considering the practical
difficulties faced by the lawyers and the litigants
for payment of Court fees stamp of small
denominations, it would be appropriate if the
respondents consider the request of the petitioner
for grant of stamp vending license for atleast for
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small denominations stamps that would minimize the
difficulties faced by the lawyers and litigants.
8. In light of the above, we pass the
following order:
ORDER
A. The non-applicants shall consider the application of the petitioner for grant of stamp vending license at Aurangabad, Parbhani, Hingoli, Nanded, Buldhana and Dhule on the line as given to the Advocates Society at High Court extension building at Mumbai, so also City Civil Court and Sessions Court and Dindoshi Court, Goregaon on such terms and conditions as it may deemed fit.
B. The decision shall be taken on the application filed by the petitioner preferably within a period of three months.
9. Writ Petition accordingly disposed of. No costs.
10. In view of disposal of writ petition, present civil application also stands disposed of.
(SHRIKANT D. KULKARNI) (S. V. GANGAPURWALA)
JUDGE JUDGE
Devendra/March-2020
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