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2000 Supreme(Pat) 897

RADHA MOHAN PRASAD
Ram Nandan Sharma – Appellant
Versus
State Of Bihar – Respondent


Judgment

1. In this writ petition all the 33 petitioners have joined together seeking appropriate common writ, order or direction, though in their individual right.

2. The office has pointed out that 32 sets of Court fees are wanting. Learned counsel for the petitioners has submitted that the relief and the cause of action being common, no separate set of Courtfee is required to be filed and all the petitioners can pursue the matter jointly on payment of one set of Court-fee. In support of it, learned counsel for the petitioners has placed reliance on a Division Bench decision of this Court in the case of Smt. Krishna Pati Devi vs. State of Bihar, reported in 1998(2) PLJR 765.

3. The decision in the case of Smt. Krishna Pati Devi vs. State of Bihar, (supra) is not directly applicable in the facts of the present case as it was a case where by one notification several persons were affected and jointly challenged the validity of the said notification. Under sbch circumstances, this Court held that whenever interest is common or similar, Whether by one stroke of pen, if the impugned notification is set aside, one set of Court-fee is oniy required. The law on this subject is given in Hai



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