GAHC010219282025

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THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : I.A.(Civil)/3261/2025

ANVEEKSHA VARMA

D/O- LATE PP VARMA, R/O- A 153,

DEFENCE ENCLAVE, KANKARKHERA,

MEERUT, UTTAR PRADESH,

PIN- 250001.

VERSUS

THE STATE OF ASSAM AND ANR

REPRESENTED BY THE CHIEF SECRETARY

TO THE GOVERNMENT OF ASSAM,

DISPUR, GUWAHATI-781006.

2:THE SECRETARY CUM LEGAL REMEMBRANCER

JUDICIAL DEPARTMENT GOVT OF ASSAM

DISPUR GUWAHATI

For the applicant : Mr. R. Choudhury, Advocate

(through video conferencing)

Mr. N. Gautam, Advocate

For the respondents : Mr. R.K. Bora,

Addl. Sr. Govt. Advocate, Assam

– B E F O R E –

HON’BLE THE CHIEF JUSTICE MR. ASHUTOSH KUMAR HON’BLE MR. JUSTICE ARUN DEV CHOUDHURY

22-10-2025 (Ashutosh Kumar, C.J.)

We have heard Mr. R. Choudhury, learned Advocate, who has appeared on behalf of the applicant through video conferencing and Mr. R.K. Bora, learned Additional Senior Government Advocate, Assam for the respondents.

This Court vide judgment dated 14.05.2024 struck down the Article

11 of Schedule I of Court Fees Act, 1870 (Assam Amendment) which was brought into effect by the Assam Court Fees (Amendment) Act, 1950 in respect of levy of Court fee for grant of probate or letter of administration at the rate of 7% ad-valorem where the value of properties exceed Rs.5,00,000/- without there being any upper limit fixed.

The relevant portions of the afore-noted judgment are as follows:

“19. In view of the above settled position of law, if we examine, it is clear that Article 11 of Schedule 1 of Court Fees Act, 1870 (Assam Amendment) brought into effect by the Assam Court Fees (Amendment) Act, 1950 provides levy of Court fees for grant of probate or letter of administration at the rate of 7% ad valorem where the value of the properties exceeds Rs.5,00,000/- without there being any upper limit, whereas a person, who approaches the Civil Court claiming decrees, is required to pay Court fees not excess of Rs.11,000/- in the State of Assam.

It cannot be denied that the proceedings for grant of probate and letters of administration are also registered as suits and proceeded with accordingly but in respect of other suits an upper limit of Rs.11,000/- on the Court fee is fixed in the State of Assam, whereas in the case of grant of probate, where the value of properties exceeds Rs.5,00,000/-, no upper limit Court fees is fixed. In our view, it cannot be justified to single out the proceedings for grant of probate or letter of administration for an ad valorem without the benefit of any upper limit though it is prescribed in the very same statute for all other litigants.

In such circumstances, we have no hesitation in holding that Article 11 of Schedule I of Court Fees Act, 1870 (Assam Amendment) brought into effect by the Assam Court Fees (Amendment) Act, 1950 in respect of levy of Court fee for grant of probate or letter of administration at the rate of 7% ad valorem where the value of properties exceeds Rs.5,00,000/- without there being any upper limit fixed is ultra vires to the Article 14 of the Constitution of India and the same is held as such.

21. In our view, it is high time for the State Government to take into consideration the matter regarding levy of court fees and to make effort to bring rationalization on levy of court fees in the proceedings filed before the Courts.”

The concern of the applicant herein is that the judgment has yet not been implemented and perhaps no step has been taken for rationalising the levy of Court fee in the proceedings filed before the Courts with respect to grant of probate.

The applicant, therefore, prays for a direction to the respondents to inform as to what steps have been taken by the respondents in compliance of the judgment referred to above or, in the alternative, direct the respondents to immediately take steps in the matter of rationalisation of Court fees in compliance with the above quoted paragraphs of the judgment dated 14.05.2024.

Mr. R.K. Bora, learned Additional Se