H.N. Seth, J. - (1.) BRIEFLY stated the facts giving rise to the present petition, wherein Sri Balwant Singh has claimed relief under Article 226 of the Constitution are as follows.
(2.) ON 3rd of December, 1974 Respondent No. 1 State Bank of India, Jansath, filed a claim petition Under Section 11 of the U.P. Agricultural Credit Act, 1973, claiming that a sum of Rs. 1,67,389/82 p. was due from the Petitioners and Respondents Nos. 4 to 6. On the said claim petition a court lee stamp of Rs. 1.50 was affixed. Eventually the claim of the Respondent No. 1 was accepted by the Prescribed Authority vide its order dated 22nd September, 1975. Aggrieved, the Petitioners preferred an appeal to the appellate authority as provided Under Section 12 of the Act. The appeal so filed was also affixed with court fees stamp of Rs. 1.50. The appellate authority vide its order dated 14th December, 1976 required the Petitioners to pay an ad valorem court fees calculated at the rate of 10 per cent on the amount in respect of which he had claimed relief in the appeal. The appellate authority further directed that in case the said fees was not deposited by the Petitioners within the time allowed by it, the appeal would stand dismissed. The Petitioners questioned the validity of the order of the appellate authority dated 14th December 1976 requiring them to pay the fees calculated at the rate 10 per cent on their memorandum of appeal and have as claimed relief under Article 226 of the Constitution.
(3.) AFTER enactment of U.P. Agricultural Credit Act 1973 the State Government, acting Under Section 25 of the Act, as it then stood, framed the U.P. Agricultural Credit Rules 1974. At that time Section 25 of the Act did not empower the State Government to frame rules prescribing any fees in respect of any proceeding under the Act. However, the said section was amended by U.P. Act No. XIX of 1975 and a power were given to the State Government to frame rules prescribing fees in respect of any proceeding under the Act as well. After the amendment made by U.P. Act XIX of 1973 the State Government framed fresh set of rules in exercise of its powers Under Section 25 of the Act as amended, and by means of rules 12 and 23 it provided for payment of a fee at the rate of 10 per cent or at such other rate as the State Government in the revenue department may, from time to time fix in this behalf, on the amount claimed in the application made under the (?) of the Act. These rules came into force with effect from 12th May 1975.;