Gujarat High Court
Bhikhabhai vs Special on 7 October, 2010
Author: D.H.Waghela
Bench: D.H.Waghela
Gujarat High Court Case Information System
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SCA/13037/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 13037 of 2010
With
SPECIAL
CIVIL APPLICATION No. 13038 of 2010
=========================================================
BHIKHABHAI
DEVJIBHAI PATEL - Petitioner(s)
Versus
SPECIAL
LAND ACQUISITION OFFICER & 1 - Respondent(s)
=========================================================
Appearance
:
MR
YOGESH MOTIRAMANI FOR MR DIVYESH G NIMAVAT
for
Petitioners
MS TRUSHA K PATEL, ASSISTANT GOVERNMENT PLEADER for
Respondents
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE D.H.WAGHELA
and
HON'BLE
SMT. JUSTICE ABHILASHA KUMARI
Date
: 07/10/2010
COMMON
ORAL ORDER
(Per : HONOURABLE MR.JUSTICE D.H.WAGHELA)
1. The petitioners have, under Articles 226 and 227 of the Constitution of India, sought quashing of the communications dated 16.09.2010 whereby the Special Land Acquisition Officer has called upon the advocate of the petitioners to pay up the Court Fees by 30.09.2010 on the applications for Reference under Section 18 of the Land Acquisition Act, 1894.
2. Learned counsel Mr.Motiramani appearing for the petitioners submitted that the impugned communications were based upon order dated 29.06.2010 of this Court in Special Civil Application No.3493 of 2010 in which only the consent of the party concerned to pay up the Court Fees was recorded. It is submitted that the provisions of the Gujarat Court Fees Act, 2004, were not in consonance with the ratio of the judgment in Kashi Ram Namdeo Zambro v. State of Maharashtra [(1996)1 SCC 289] and therefore, the Land Acquisition Officer had no authority to demand Court Fees from the petitioners.
3. Learned counsel fairly conceded that the petitioners have not challenged the validity or vires of the Gujarat Court Fees Act, 2004, under the provisions whereof Court Fees were required to be paid on an application to the Collector for a Reference to the Court under Section 18 of the Land Acquisition Act, 1894. Under such circumstances, while the provisions of the Gujarat Court Fees Act, 2004, are prevailing and not under challenge, there is no reason why the petitioners should not pay the Court Fees as prescribed in the Gujarat Court Fees Act, 2004. It was conceded that the time limit for payment of Court Fees is now extended by a written order, to 15.10.2010.
4. The petitions do not survive for grant of any relief and accordingly, they are dismissed.
(D.H.Waghela, J.) (Smt.Abhilasha Kumari, J.) (sunil) Top