Each petitioner must seek separate remedy under Article 226 | Court directs individual court fee appropriation The court held that each petitioner in the joint petition must seek independent remedy under Article 226 of the Constitution. Emphasizing the importance ...
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Each petitioner must seek separate remedy under Article 226 | Court directs individual court fee appropriation
The court held that each petitioner in the joint petition must seek independent remedy under Article 226 of the Constitution. Emphasizing the importance of individual grievances, the court directed the appropriation of court fees based on each petitioner's claim, rejecting the petitioners' arguments for joint petition or further fee appropriation. The court ordered the appropriation of the deposits towards court fees for each petitioner's individual petition, negating the petitioners' submissions for alternative arrangements.
Issues: Challenge to Ordinance No. VII of 1975 as void, ultra vires, and unconstitutional. Appropriation of court-fee deposited by two petitioners in a joint petition.
Analysis: 1. The petitioners challenged Ordinance No. VII of 1975 as void, ultra vires, and unconstitutional. They sought ad interim writs regarding the enforcement of those provisions. The petitioners, money-lenders by profession, carried on the business of money-lending and were independently registered under the Bombay Moneylenders Act with separate licenses. Several petitions challenging the Ordinance and the Debt Relief Act were filed, including joint petitions by multiple money-lenders. The court allowed joint petitions with one set of court fees, pending appropriation of fees for additional petitioners.
2. The validity of the challenged law was previously decided by the Bombay Bench and was under consideration by the Supreme Court. The present petition sought appropriation of court fees deposited by the petitioners.
3. The petition was brought before the court for directing the appropriation of the court fee deposits.
4. The petitioners argued that a joint petition was permissible under Order 1, Rule 1 of the Civil Procedure Code, requesting refund of the deposit. Alternatively, they proposed an election to pursue the petition in the name of one petitioner. Legal precedents were cited to support the tenability of joint petitions.
5. The State contended that the two petitions were filed by individuals with separate causes of action and claims to relief, suggesting the deposit be appropriated for two petitions. Legal precedents were cited to oppose the petitioners' arguments.
6. The court discussed the tenability of joint petitions based on previous decisions, emphasizing that each petitioner must seek independent remedy under Article 226 of the Constitution. The court clarified that the joint petition was actually two separate petitions combined into one, and directed the appropriation of court fees accordingly.
7. The court summarized the principles underlying its decision, emphasizing that writ proceedings are original in nature, not governed by the Code of Civil Procedure. It highlighted the importance of individual grievances and the need for separate petitions for each aggrieved petitioner.
8. Applying the principles, the court determined that each petitioner was independently aggrieved and must be treated as seeking separate remedies. The court directed the appropriation of court fees based on the nature of each petitioner's claim, rejecting the petitioners' arguments for further election or fee appropriation.
9. The court concluded that the deposit should be appropriated towards court fees for each petitioner's independent petition, negating the petitioners' submissions for alternative arrangements.
10. The court ordered the appropriation of the deposits towards court fees for each petitioner's individual petition.
11. A copy of the order was directed to be sent to the Bombay office, with the order being made accordingly.
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