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2024 Supreme(Online)(MP) 27625

HIGH COURT OF MADHYA PRADESH
SHRI JUSTICE ANAND PATHAK
Harishankar Gupta – Appellant
Versus
The State Of Madhya Pradesh – Respondent
WP 6407/2024



Advocates:
Prakash Braru,Advocate General

Revenue authorities have a duty to ensure that the refund of court fees is made without any delay, in the interest of litigants and the concept of Lok Adalat.

Headnote:

REFUND OF COURT FEES - LOK ADALAT - DUTY OF REVENUE AUTHORITIES

Fact of the Case:

The petitioner filed a petition under Article 226 of the Constitution seeking a direction to the respondent to refund the refundable court fee amount as instructed by the High Court and the civil court, Gwalior, without any delay.

Finding of the Court:

The court held that it is the duty of revenue authorities to ensure that the refund of court fees be made to the litigant immediately, not only in the interest of that litigant but also in the interest of the very concept for which Lok Adalat has been conceptualized under the Legal Services Authority Act, 1987.

Issues: Whether the revenue authorities have a duty to ensure that the refund of court fees is made without any delay.

Ratio Decidendi: The court relied on the Legal Services Authority Act, 1987, which conceptualizes Lok Adalat to keep the spirit of settlement alive, and held that it is the duty of revenue authorities to ensure that the refund of court fees is made without any delay.

Final Decision: The petition was disposed of, and the court directed the concerned authorities, including the Collector, District Gwalior, to ensure that the petitioner shall not feel harassed for getting his legitimate dues back by way of court fees after due verification.

ORDER

1 . The present petition has been preferred under Article 226 of the Constitution seeking following reliefs:-

    (i) That, the respondent no 2 may kindly be directed to relies the refundable court fee amount as instructed by this Hon'ble Court and by concerning civil court Gwalior without any delay within stipulated time period to the petitioner back account.
    (ii) A further direction may kindly be issued to the respondent no 2 to release the interest on the payable amount @ 18% per annum till the last dated of payment.
    (iii) That any other relief to which this Hon'ble court may deem fit may also directed to extended in favour of the petitioner in the interest of justice.
    (iv) Costs of this petition may kindly also be awarded in favour of the petitioner.

5. It is the submission of learned counsel for petitioner that petitioner is facing non-refund of court fees despite case being settled in National Lok Adalat. He referred order dated 24.11.2023 passed in W.P.No.3128/2022. In compliance of order dated 24.11.203m S.D.O. (Revenue), Lashkar, Gwalior passed order dated 15.02.2023, in which permission has been granted to refund the court fees but in reality, no court fees has been refunded yet to the petitioner. He seeks consideration over his case. 6. Learned counsel for respondent/State fairly submitted that appropriate steps shall be taken and concerned officer shall pass appropriate order in accordance with law and petitioner shall soon get benefit of refund of court fee.

7. Heard counsel for the rival parties and perused the documents appended thereto.

8. Considering the submissions, It is the duty of revenue authorities to ensure that refund of court fees be made to the litigant immediately. It is not only in the interest of that litigant only but in the interest of the very concept for which Lok Adalat has been conceptualized under Legal Services Authority Act,

1987. To keep the spirit of settlement in Lok Adalat alive, it is the duty of revenue authorities to ensure that refund of court fees is made without any delay.

9. In the present case, S.D.O. has passed the order for refund of court fees but still the fruits of that order have not been realized by petitioner. It is expected from the concerned authorities including Collector, District Gwalior to ensure that petitioner shall not feel harassed for getting his legitimate dues back by way of court fees after due verification.

10. Needful be done at an expeditious note. so that petitioner may not have to run pillar to post and post to pillar.

11. Petition stands disposed of accordingly. (ANAND PATHAK) JUDGE Vishal

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