W ^i- \ ^-1 IN THE HIGH COURT OP CHHATTISGARHAT BILASPUR W.P.No3fc3/ / 2005 Petitioners PJoJ"R?.;-P^:f ^' ^<^' ^'"^ ^Sf <->\0> .<_,^, ^ fts^ -^ 2. Smt.Sadhai Bai W/o Late Shri Nare-sh Kumar Madhukar, Aged about 35 years, Caste - Satnami, Occupation - House wife, R/o Village Boriyajhar, P.S. Mahasamund, Post - Khatti, Tahsil & Dist : Mahasaniund- (C.G.) Rajendra S/o Shri Naresh Kumar Madhukar, Aged about 20 years, Caste - Satnami, Occupation - Nil, Village - Boriyajhar, P.S - Mahasamund, Tahsil & Dist : Mahasamund- (C.G.) ^*\ ^;-^ Rajesh S/o Late Naresh Kumar Madhukar, Aged about 18 years, Caste - Satnami, VUlage Boriyajhar, P.S - Mahasainund, Tahsil & Dist: Mahasamund- (C.G.) Ku.Reena D/o Late Shri Naresh Kumar Madhukar, Aged about 16 years, Occupation - Student Class Xth, Village - Boriyajhar, P.S - Mahasamund, Tahsil 85 Dist : Mahasamund-fC.G.j, /Minor, Through its Natural guardian mother Smt.Sadhni Bai. Versus ResDondents ^e^~I~~T BiLASrua Chhattisgarh State Electricity Board, Through - Executive Director (Information and Repair) Main Office, Danganiya, Raipur, Tehsi] & Dist : Raipur- (C.G.) The Chief Executive Engmeer (Information and Repair), C.S.E.B., Mahasamund, Tehsil and Dist: Mahasamund-(C.G.j (2) 4. The Asst. Engineer, Ruler Circle, C.S.E.B., Mahasamund, Tehsil and Dist : Mahasamund-(C.G.) Shri Chandrashekar Sinha, S/o Late Stiri Bisesar Sinha, Caste - Kalar, VUlage - Boriyajhar, Tehsil & Dist : Mahasamund-(C.G.) Shri Santram Sahu, S/o Pancham Sahu, Aged about 39 years, Village - Boriyajhar, P.8.- Mahasamund, TehsU 8s Dist : Mahasamund- (C.G.) State of Chhattisgarh Through - Collector Mahasaraund, Dist: Mahasamund - (C.G.) WRIT PETITION UNDER ARTICLES_227 OF THE CONSTITUTION OF INDIA XI-HC-78 *ii*iG»ia»iT?» \dT»l—«tAJI<A^,u-<Tl'<i<icB,[6irti'Hy'< .V\jP.^D^\\^^, 3fli?Tq^^T}c|fgE|^) sii^tTwrR'fi* naiF3TI$?[ri>*ii<l> B^frSR'Hlid 3II^?T <bl4fd;Sl'''l *fl*fri)"'t"ls'^l 'iluifcix ^ari^PTsii^T ^ trte 'iontr Shri 6.P. Kurre,counself4i Shri U.S. Chandel, Pane! Li|tt Heard both the-counsel. The petitioners haye p Articie 227 of the Constitutioh propriety and correctness of learned District Judge, Raipur V[i the appiication of the petition^i court fees under Section 35 ofl rejected by the iearned &istr| petitioners failed to' prove the than Rs.6,000/-. Having heard learned the impugned order, copy of pl|) Nos. 2 & 3 which was given befor^ Learned bistrict Judge on the ground that there wa^ deceased Naresh Kumar Madhui the petitioners as the legal hei been obseryed that eyidence dl beljeyed that they are not workin^ r the peTitioners. iwyer for the State. •eferred this writ petition under of India questioning] the legality, order dated 13.7.2005 pcissed by Misc. Civil Suit No.74/04 whereby filed for exemption from paying the Court Fees Act, 1870 has been ct Judge on the ground thot the Fcict that their annudl income is less coujise;1 for the parties, I have perused l|xint and the evidence of petitioner the learned District Judge. js rejected the prayer of petitioners agriculturai Idnd in the name of [w and which has been received by |'s of said deceased. It has further jf petitioner Nos.2 <& 3 conpiot be & thera is one tractor- in their house >5ty ^t" XI-HC-78 *ll*10lSptTRP ^•CT) <-A|iOlrt.y,U-cn-(-l<ld,(6|»l'(-13'< ..w s<^^/ an^?[<BT R'ii* ?TaiT3Ilt?Ttb*fi<b 3II^?T qgq»(qclfgcT^) WFl200 SiRIISR'(l(Sd3II^?r P4r o0o/ Pohi opinpn Iturjil and in pard-7 of the piaint used to eam Rs.l2,QOO/- which he used to deposit R^. troctor and remaining Rs.4,0f Having perused the Nos.2 d 3,1 am of the based on the surmises and c4i It is true that it hgs been there is two acre agricul' of the father of the petiti^ electr'ic shock and it has a| from the said a9ricul'fajral ia|i is taken as true there are fo| and !ess than Rs.4.000/- petitioner. Asfarasthe is concerned, the petitioner usin9 the said tractor and •)( that the petitioner Nos.2 & they are earning any income^ that the tractor in quest) petitioner No.2 to 4 after obsecvation of learned Distri 4'i4(ri41'iyi*fdT^"fs'<9'<Kiit5i'< ^aif^^ail^ST lit has been written that said deceased month from the said tractor, out of j.8,000/- as monthly installinent of that ?- he used to spend on the family. i-7 of plaint and evidence of petitioner that the finding of the tria! court is ^njectures and not on any legal evidence. mentioned in Para-7 of the plaint that !and in Village Boriyajhap in the name i.e. Naresh Kumar, who died due to |so been mentioned that annual income was Rs.15,000/-. Even if that income (ir legal heirs of deceased Naresh faimar year comes in the share of each regarding income from the tractor |\tos.2 & 3 have stated that they are not Ithere is no other evidence which shows are plying the said tractor and thereby j, moreover, it has come on the record |on was purchased by the father of loan from the bank. Therefore, the i[:t Judge that it ccmnot be believed that. icfrier lalid fler quejstion ta|<ing %.. K"' XI-HC-78 ^SET <^ll<il;l<AS, 8lA'«'&l<>,,Ria»f'H3< wT^a^ ?-l-'-"'"'--T-"--wy- 3T1^9TSaiEpc('^f3?IS&)TE^ sn^si'i'rtei^: gaiT3n^sT**)i<b ~ss_ R.ashan/- the petitioner Nos.1 conjectures and there earning any mcome It is admitt'ed Scheduled Castes thdt annual income the suit was less than District Judge is In the result, passed by the learned Consequently, stand dispossd of. Certified copy as pe <PKt(ot&1l*tl*l»T^"ls'<:l•(ful»CI't ^srf^qan^i WP ire not working is based on surmises and > legal evidence which shows that they are 'om the agricultural incomei sition that the petitioners belong to ity^and they have been able to establish of the petitioner on the ctate of filing of ,QOO/- as such the findingjof the learned and liabie to be set oside. } petition is allowed and Order impugned 'ict Judge is hereby set aside. [.)P. No.3109/05 & I.A. | No. 8503/05 rules. Sd/- L.C. Bhadoo Judge