IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
V. RAMASUBRAMANIAN, M. GANGA RAO, JJ.
Kopparthi Krishna Murthy S/o Venkata Ratnam – Petitioner
Versus
District Legal Services Authorities and Others – Respondents
Writ Petition No. 43859 of 2017
Decided On : 19-01-2018
Code of Civil Procedure, 1908 - Order XXXIII - Andhra Pradesh Court Fees and Suits Valuation Act, 1956 - Section 79(1) - Court Fees Act, 1870 - Legal Services Authorities Act, 1987 - Insurance Claim - Court Fee Exemption - Petitioner came up with the above writ petition challenging the order of the District Legal Services Authority, confirming the order of the Mandal Legal Services Authority refusing to grant Court Fee Exemption Certificate to the petitioner, for the purpose of enabling the petitioner to file a suit against an Insurance Company - Held, It was made clear in the said circular that the Legal Services institutions such as the Mandal/ District/State Legal Services Authorities have no power or authority to issue a certificate of exemption from payment of court fees - Therefore, all that could be done by a person is to approach the concerned Legal Services Authority and seek the provision of legal services - If the concerned Legal Services Authority is satisfied that such a person satisfies the criteria specified in Section 12 of the Legal Services Authority Act, 1987, then it may be open to the concerned authority to invoke the stipulations contained in the Government order G.O. Law issued in exercise of the powers conferred by Section 68 of the A.P. Court Fees and Suits Valuation Act, 1956, subject, however, to the conditions stipulated in the said Government Order - Writ petition is dismissed.
V. RAMASUBRAMANIAN, J.
1. The petitioner has come up with the above writ petition challenging the order of the District Legal Services Authority, Eluru, confirming the order of the Mandal Legal Services Authority, Narsapur, West Godavari, refusing to grant Court Fee Exemption Certificate to the petitioner, for the purpose of enabling the petitioner to file a suit against an Insurance Company.
2. Heard Mr. V. Ramu, learned counsel for the petitioner and Mr. J. Anil Kumar, learned standing counsel for respondents 1 and 2 takes notice.
3. According to the petitioner, he established a factory under the name and style of M/s. Venkata Datta Cotton and Ginning Industry in the year 2006 and that the factory was gutted in a fire.
4. Claiming that it was an accident and that therefore there was insurance cover, the petitioner made a claim with the United India Insurance Company. But the Insurance Company repudiated the claim forcing the petitioner to approach the Consumer Forum.
5. The State Consumer Redressal Commission dismissed the complaint filed by the petitioner against the insurer. But the Consumer Forum left it open to the petitioner to seek remedies before the normal Civil Court.
6. Therefore, the petitioner filed a civil suit on the file of the District Court, Narsapur. Simultaneously, he moved an application before the Mandal Legal Services Authority, West Godavari, Narsapur seeking the issue of a Court Fee Exemption Certificate, on the ground that his income was below Rs. 1,00,000/- and that he is an agriculturist. The Mandal Legal Services Authority, Narsapur, dismissed the application by an order dated 25.10.2012 on the ground that the petitioner failed to produce his individual Income Tax Returns, despite being specifically called upon to do so and that the other documents filed by him did not inspire the confidence of the Mandal Legal Services Authority, Narsapur.
7. Aggrieved by the order of the Mandal Legal Services Authority, Narsapur, the petitioner filed an appeal before the District Legal Services Authority, West Godavari, Eluru, but the same was also dismissed, forcing him to come up with the above writ petition.
8. Two issues arise for consideration in this writ petition. They are:
(1) Whether the Mandal/District/State Legal Services Authority is vested with the power to grant exemption from payment of court fees, for a litigant to seek remedies before a Civil Court.
(2) if so, whether the petitioner is entitled for the issue of such a certificate.
9. As seen from the order passed by the Mandal Legal Services Authority on 25.10.2012, the petitioner did not produce any valid documents to justify his claim for exemption from payment of court fees. Therefore, the answer to the second question, assuming that the Mandal/District/State Legal Services Authority has power to grant exemption, is too obvious to be stated.
10. In such circumstances, it was possible for us to proceed on the presumption that there is power for the Legal Services Authority to grant exemption from payment of Court and still dismiss the writ petition on facts, thereby confirming the orders of the Mandal and District Legal Services Authorities. But in view of the importance of the first question, we shall take up the same for consideration in greater detail.
11. Court Fee payable in any Court except in Supreme Court is a State subject falling under Entry 3 of List-II of the 7th Schedule to the Constitution and every State has a statutory enactment, invariably covering the twin aspects of Court Fees and Suits Valuation. The State of Andhra Pradesh has the Andhra Pradesh Court Fees and Suits Valuation Act, 1956. The Act itself contains a provision in Section 68, empowering the State Government, by way of notification in the Government Gazette, to reduce or remit, in the whole or in any part of the territory of the State, or any of the fees chargeable under the Act. Apart from the power so specifically conferred upon the Government under the Court Fee Act
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