( 1 ) THE petitioner before this court is practicing Advocate and he filed Civil suit for possession and valued it for Rs. 40,500/ - against the present respondents. On that suit he paid court fee of Rs. 4,530. 00. The Office of the Court noted objection and put a remark that the stamps are required to be used within 6 months, in view of the provisions of Section 52-B of the Bombay Stamps Act. The office pointed out that the court fee stamps furnished by the petitioner were purchased prior to 6 months and therefore, are not admissible and cannot be used. The court heard the petitioner on this objection and by the impugned order held that Section 52-B of the Bombay Stamps act would govern the above court fees stamps and therefore the court fees as paid was not valid. It therefore, directed the petitioner to pay court fee by valid court fees stamps on his suit. This order dated 29-03-2005, is questioned by the petitioner in the present writ petition.

( 2 ) I have heard Advocate markandeywar, for petitioner/plaintiff, Mrs. Wandile, learned AGP for respondent nos. 2, 6 and 7 and Advocate Bernad John, for respondent no. 3 and 4. By consent of parties, rule is made returnable forthwith a

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