This writ petition challenged the inaction of the District Collector regarding the refund of court fees after a suit was compromised in a Lok Adalat. The court directed the respondents to refund the amount based on the issued certificate.
Directed respondents to refund court fee to petitioner within two months of receipt of order.
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.
THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY
WRIT PETITION No.26256 of 2013
Dated: 03.10.2013
Between:
Sri Hasmukh J.Thakkar, S/o.Late Sri Jamunadas Devji … Petitioners and
The District Collector, Hyderabad And another ... Respondents
Counsel for the Petitioners: Ms.Neha Das for Sri Venkat Reddy Donthi Reddy
Counsel for Respondent Nos.1 and 2: AGP for Revenue
The Court made the following:
ORDER:
Feeling aggrieved by the inaction of respondent No.1 in refunding the court fee of Rs.1,08,263/- paid in O.S. No.65 of 2009 on the file of the Court of I Additional Chief Judge, City Civil Court, Secunderabad, this writ petition is filed.
It is the pleaded case of the petitioner, in respect of which there is no dispute, that the above suit ended in compromise in the Lok Adalat and the Court of I Additional Chief Judge has issued certificate for refund of the above mentioned court fee in terms of Section 21(1) of the Legal Services Authorities Act, 1987 read with Rule 18 of the Legal Services Authorities Rules, 1995.
The petitioner has approached the respondents for refund of court fee based on the above mentioned certificate. As the court fee has not been refunded, the petitioner filed this writ petition.
At the hearing, learned Assistant Government Pleader for Revenue (Telangana Area), on instructions, submitted that the petitioner’s request is under process before respondent No.2 and he will refund the court fee within a short time.
In the light of the above submission of the learned Assistant Government Pleader, the writ petition is disposed of with a direction to the respondents to refund the court fee to the petitioner in terms of certificate for refund of court fee issued by the Court of I Additional Chief Judge, City Civil Court, Secunderabad, within a period of two months from the date of receipt of this order.
Subject to the above direction, the writ petition is disposed of. As a sequel to disposal of the writ petition,
W.P.M.P.No.32449 of 2013 shall stand disposed of as infructuous.
____________________________ C.V.NAGARJUNA REDDY, J Date:03.10.2013 YS
1 issue framed by the court
Whether the petitioner is entitled to refund of court fee after a compromise in Lok Adalat based on the court certificate.
1 provisions across 1 enactments
Sri Hasmukh J.Thakkar
The District Collector, Hyderabad
another
C.V.Nagarjuna Reddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
