1 D.B. SPECIAL APPEAL (WRIT) NO.280/2007 Date of Judgment :: April 03, 2008. HON'BLE THE CHIEF JUSTICE MR.NARAYAN ROY HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Mr. G.P. Kaushik for the appellant. Mr. B.P. Agarwal, Advocate General with Mr. R.P. Agarwal for the respondent-State. Mr. Anant Bhandari for the respondent no.3. *** Heard learned counsel for the appellant and the learned Advocate General for the respondent-State. This appeal is directed against the order dated 9.2.2007 passed by the learned Single Judge of this Court in S.B. Civil Writ Petition no.9539/2006 affirming the order passed by the court below whereby and whereunder the appellant was directed to pay court-fee in view of the notification of Stamp Duty Act being Notification no.F.25 (2)I/Co-op./53. It is contended by the learned counsel for the appellant and also by the learned Advocate General that the court below had erred in relying upon the notifications issued under the provisions of Stamp Duty Act and had not taken care of the notifications issued by the State Government remitting the court-fee stamps so far cooperative societies are concerned vide notification no.F.25(2)III/Co-op.53. Learned Advocate General very frankly conceded that in view of the notification aforesaid, the Co-operative society was exempted from paying the court- fee and the court below, thus, wholly erred in directing the appellant to pay the court fee. In view of the Notification No.F.25(2)III/Co-op./53, it is manifest that in exercise of powers conferred by Section 38, Clause (b) of the Rajasthan Co-operative Societies Act, 2 1953 and in exercise of all other powers enabling them in this behalf, the Government of Rajasthan was pleased to remit all fees payable under the law of court fees for the time being in force by or on behalf any Co-operative Society registered or deemed to be registered under the Rajasthan Co-operative Societies Act, 1953. We are informed by the learned Advocate-General that this notification till date holds good as it has not been superseded by any other notification. In view of the reasons aforementioned and the statement made by the learned Advocate General, this appeal is allowed and the orders impugned are set aside. (MOHAMMAD RAFIQ),J. (NARAYAN ROY),CJ. Skant/-