W.P. No. 10365 (W) of 2005. Case: Dipankar Ghosh Vs Hon'Ble Chief Justice, High Court, Calcutta. High Court of Calcutta (India)
| Case Number | W.P. No. 10365 (W) of 2005 |
| Counsel | Tapan Kr. Mukherjee, Alok Kr. Ghosh, Asoke Banerjee, Shyamal Sanyal |
| Judges | Pratap Kumar Ray & Prasenjit Mandal, JJ. |
| Issue | West Bengal Court Fees Act, 1970; Calcutta High Court (Extension of Jurisdiction) Act, 1953; Constitution Of India, 1950 - Articles 239, 240, 226, 227; West Bengal Court Fees (Amendment) Act, 2002; Calcutta High Court (Extension of Jurisdiction) Act, 1963; ourt Fees Act, 1870; Advocates Act, 1961 - Section 30 |
| Judgement Date | February 02, 2009 |
| Court | High Court of Calcutta (India) |
Judgment:
Pratap Kumar Ray, J.
This writ petition has been moved by an advocate of this High Court at Calcutta who is a member of Bar Association, High Court, Calcutta, as a public interest litigation, on issue of applicability of the West Bengal Court Fees Act, 1970 to the Courts situated at Andaman & Nicobar Islands, which are under the jurisdiction of High Court at Calcutta in terms of the provision of Calcutta High Court (Extension of Jurisdiction) Act, 1953. It is contended in the writ application that earlier till 1991 all litigants who were resident of Andaman & Nicobar Islands used to file cases in the Calcutta High Court and West Bengal Court Fees Act, 1970 was applicable. But from November 1991, the Appellate Side Rules, 1991 came into force and a Circuit Bench of the Calcutta High Court was set up at Port Blair, wherein the Court Fees provision was introduced in terms of the West Bengal Court Fees Act, 1970. The said Court Fees Act got amended on 18th October, 2002 and due to such amendment the litigants who are resident of Andaman & Nicobar Islands are being compelled to pay the higher court fees in terms of said West Bengal Amendment. It is further contended that the applicability of West Bengal Court Fees Act, 1970 in respect of the litigation filed by the residents of Andaman & Nicobar Islands in the respective lower judiciary as well as in the Circuit Bench of High Court at Calcutta situated at Port Blair within the Andaman & Nicobar Islands was illegal as the Andaman & Nicobar Islands being a Union Territory administered by the Hon'ble President of India under Article 239 of the Constitution Of India, 1950, does not permit such.
A further grievance has been raised that High Court at Calcutta by exercising its executive power cannot extend the provision of West Bengal Court Fees Act, 1970 in respect of the matters relating to Andaman & Nicobar Islands so far as the litigation in the different Courts situated at said Union Territory including the Circuit Bench of the High Court at Calcutta.
The Hon'ble Chief Justice of High Court at Calcutta is a party respondent no.1 in this writ proceeding along with the High Court at Calcutta, respondent no.2, State of West Bengal, Union of India, Lieutenant Governor, Andaman & Nicobar Islands, Registrar, Circuit Bench at Port Blair, District-Andaman.
This writ application has been opposed by the respondent no.1 and 2, the High Court Administration, by filing an affidavit. A preliminary point has been taken about maintainability of the writ application besides the other legal questions opposing the writ application. It is the stand of the respondent no.1 and 2 aforesaid that petitioner, an advocate practicing in the High Court at Calcutta and a member of the Bar Association of the High Court, Calcutta situated at city Kolkata, has no locus standi to move this writ application challenging the applicability of the West Bengal Court Fees Act as he is neither a party aggrieved nor a party interested and the parameters of filing of public interest litigation also have not been fulfilled. As the preliminary question of locus standi has been...
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