( 1 ) THIS is to consider a revisional application under Article 227 of the constitution of India which is directed against Order No. 19 dated 3. 1. 2004 passed by Sri P. K. Roy, District Delegate in the Court of District Delegate, tamluk in connection with J/misc. Case No. 49 of 1973 arising out of an application for Probate of a Will under Section 276 of the Indian Succession act.

( 2 ) IT appears from the order impugned that the ma n dispute relates to the payment of Court Fees in granting probate. In the instant case, what happened is that the petitioner filed an application for granting probate in the year 1978 and on 25. 2. 1978 the learned District Delegate passed the ex-pane order to the effect that the applicant not the probate of the Will (Exbt. 1) executed by the testator, Sashi Bhusan Maity since deceased. Thereafter, no step was taken by the petitioner for grant of probate and it was only in 2004 the petitioner came before the Court with a prayer to grant probate. The learned District Delegate in such circumstances passed in order on 16. 5. 2003 directing for writing a letter to the Collector in order to submit a report regarding the valuation of t