Letters Patent Appeal No.453 OF 2000 ------- Against Judgment and order dated 9th February,2000 passed by Hon’ble Mr. Justice S.K.Katriyar in C.W.J.C.No. 1651 of 1999. ------- JOGINDRA SAH----------------------Appellant Versus THE UNION OF INDIA & ORS----------Respondents ------ For the Appellant : M/s Dhananjay Kumar and Sunil Prasad, Adv. P R E S E N T THE HON'BLE MR. JUSTICE SHIVA KIRTI SINGH THE HON'BLE MR. JUSTICE JAYANANDAN SINGH Shiva Kirti singh & Jayanandan Singh,JJ: Heard learned counsel for the appellant. Nobody appears on behalf of the Union of India. This LPA is directed against order dated 09.02.2000 whereby the writ court has held that all the 41 writ petitioners have separate cause of action and hence they are required to file separate court fees and on that basis peremptory order has been passed for payment of additional 40 sets of court fees failing which the writ petitioners could stand dismissed. Learned counsel for the appellant has submitted that in this case the common policy decision of the respondent authorities to increase the rental/license fees by introducing an enhancement of 10 per cent on the existing rent per year and with effect from retrospective date is under challenge and in such a matter the - 2 - interest of all the writ petitioners is common or similar and the impugned policy decision can be set aside by one stroke of pen. It has further been submitted that in such a situation, as per decision of the Division Bench of this Court in the case of Smt. Krishna Pati Devi Versus The State of Bihar reported in 1998(2) PLJR 765, only one set of Court fee is payable. On going through the aforesaid judgment and the prayer made by the appellant in writ petition, we find sufficient merit in the aforesaid submissions. Accordingly the order under appeal is set aside and this appeal is allowed. As a result of peremptory order under appeal being set aside, it goes without saying that the said writ petition bearing C.W.J.C. No. 1651 of 1999 shall stand restored to its original file which has already been dismissed for non-compliance of the peremptory order. (Shiva Kirti Singh, J.) (J. N. Singh, J.) Patna High court 14th May, 2008 N.A.F.R./Arvind/