In a matter under Article 227 regarding challenge to a court fees order, the High Court dismissed the petition as the learned Standing Counsel correctly raised a preliminary objection that an appeal exists under Section 6A of the Court Fees Act, 1870 (U.P. Amendment).
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2023:AHC:141111
Court No. - 1
Case :- MATTERS UNDER ARTICLE 227 No. - 3006 of 2023
Petitioner :- Afsari Begum Respondent :- State of U.P. and Another Counsel for Petitioner :- Ekansh Varma Counsel for Respondent :- C.S.C.
Hon'ble Jayant Banerji,J.
List has been revised. No one appears to press this petition.
A perusal of the order sheet reveals that the case has been adjourned thrice. Therefore, the case has been taken up for consideration.
This petition has been filed seeking following relief:-
"It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow this petition and set aside the impugned order dated 15.2.2023, passed by Civil Judge (J.D.), Ist Hapur in Suit No. 01 of 2021 Afsari Begum Versus Rajat Mittal, otherwise the petitioner shall suffer irreparable loss and injury."
It appears that by the order impugned, the court fee has been adjudged to be inadequate.
Sri Sanjay Kumar Singh, learned Additional Chief Standing Counsel has raised a preliminary objection regarding maintainability of this petition on the ground that an appeal is provided under Section 6A of the Court Fees Act, 1870 (U.P. Amendment).
The contention of learned Additional Chief Standing Counsel is correct.
This petition is, therefore, dismissed on the ground of alternative remedy.
Order Date :- 17.7.2023 sfa/
(Jayant Banerji, J)
Digitally signed by :- SYED FAHEEM AHMAD High Court of Judicature at Allahabad
1 issue framed by the court
Whether a writ petition is maintainable when a statutory appeal lies under Section 6A of the Court Fees Act, 1870.
1 provisions across 1 enactments
Afsari Begum
State of U.P.
Another
Jayant Banerji
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
