JUDGEMENT
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(1.)Learned single Judge having found difficulty in agreeing with the view taken by learned single Judge in the case of Hukum Singh v. State of M.P.,2009 1 MPJR 5 has referred the following question for the opinion of the Larger Bench :-
"Whether several petitioners have joined in one petition claiming individual rights based on similar set of facts or cause of action, whether all the petitioners are required to make payment of separate court-fees or one court-fees payable on the petition is sufficient?"
(2.)Before adverting to the question referred to us, it would be useful to take note of the facts of the case. The petitioners had filed the writ petition being aggrieved by the action of respondents in adopting wrong procedure for regularization and in recommending juniors of the petitioners for regularization. In the said writ petition, the petitioners had sought the relief of regularization of their services and other consequential benefits. Since the relief s sought were based on common facts, a joint petition was filed on behalf of all the petitioners and one set of court-fees of Rs. 250/- was paid. The office raised an objection with regard to the amount of court-fees on the ground that the petitioners being three in number ought to have paid court-fees of Rs. 750/-.
(3.)Learned counsel for the petitioners, however, placed reliance on the decision in the case of Hukum Singh (supra) and submitted that only one set of court-fees is payable and, therefore, the office objection may be overruled. However, the learned single Judge did not agree with the view taken in Hukum Singh's case (supra) and by order dated 29-6-2010, referred the question of payment of court-fees in a joint petition claiming individual rights based on similar set of facts or cause of action for our consideration.
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