w w w . L a w y e r S e r v i c e s . i n



Sudarshan Chaudhary v/s State of Bihar


Company & Directors' Information:- SUDARSHAN (INDIA) PRIVATE LIMITED [Active] CIN = U74899DL1994PTC058770

Company & Directors' Information:- SUDARSHAN CORPORATION PRIVATE LIMITED [Active] CIN = U27320PN2013PTC147816

    CWJC 1106 of 2008

    Decided On, 22 January 2008

    At, High Court of Bihar

    By, THE HONOURABLE MR. JUSTICE NAVIN SINHA

    For the Appearing Parties: ---------



Judgment Text

(1.) A Bench of this Court in cwjc No. 13060 of 2005 was considering the challenge to orders of transfer by the two petitioners therein. The orders of transfer with regard to the two petitioners were on separate documents in their individual names though of the same date. The Bench questioned the maintainability of one composite application by them when their cause of action was individually based on different and distinct documents.

(2.) PURSUANT to the same, the stamp reporter, in some cases has been pointing out the need for separate writ applications by the petitioners while in some the defect for additional Court fees is being pointed out. It is submitted at the Bar that this is creating an anomalous position and there does not appear to be any consistency in the stamp reports.

(3.) A Division Bench of this Court in 1998 (2) PLJR 765 (Smt. Krishna Pati Devi and Ors. v. The State of Bihar and Ors.) ruled at paragraph 4 as follows :

"4. Having heard counsel and going through the reasons of the learned writ court, we are of the opinion that whenever interest is common or similar, whether by one stroke of pen, if the impugned notification can be set aside, one set of Court fee is only required. In the instant case, considering the relief of the petitioners, the relief as claimed is common. It is not that though by one notification their services were terminated but they have claimed different reliefs. This is how the common interest between the co-petitioners are to be judged in respect of payment of Court fee. This being so, we are of the opinion that if one set of court fee is paid while challenging the impugned order in the writ petition, that is sufficient and for individual petitioners no separate Court fee is required. "

(4.) THIS was followed by another Bench decision reported in 2001 (3) PLJR 53 (Ram nandan Sharma and Ors. v. The State of Bihar and Ors.) holding at paragraph 4 as follows :

"4. Thus, what is relevant is that two or more persons cannot join in a single application for a writ of mandamus to enforce separate claims, but where the claims are same and against the same authority, two or more persons can join in a single application for a writ of mandamus. "

(5.) THE issue came up afresh in 2002 (4)PLJR 655 (Shiv Shankar Pandey and Ors. v. The Union of India and Anr.)when the petitioners relied upon the former two decisions to support their claim of a single Court fee when the prayer was common for regularization. Quoting the provisions of Article 1 (d) (i)of Schedule II of the Court Fees Act as amended by Section 2 of Court Fees (Bihar Amendment) Act, 1995 (Bihar Act 7 of 1996) in its application to Article 226 of the Constitution the Bench noted that rs. 250/- was payable on a petition under Article 226. Court fee was payable not on the relief sought but on the petition, grant of relief to one of the petitioners would not automatically result in relief to others. Supporting its discussion by A. I. R. 1981 supreme Court 484 (Mota Singh and Ors. v. State of Haryana and Ors.) the Court held at paragraph 5 as follows :

"5. Here each of the petitioners is praying for regularization of their services and for payment of salary in the scale of Class iv employee. Here each of the petitioners are praying for individual relief. It has to be borne in mind that petition is on behalf of each of them. Although petitioners have joined together in this petition but in my opinion petition shall be deemed to have been presented on behalf of each of the petitioners separately. As each of the petitioners has common and joint interest they may be allowed to present joint petition but the petition being on behalf of each of the petitioners, each shall be liable to pay separate court fee. In my opinion, seeking common relief in a writ petition may be relevant for decision on the question as to whether joint petition can be preferred, but this issue shall have no relevance at all on the question of payment of Court fee. Article 1 of Schedule ii of the Court Fees Act provided for Fixed fees on application or petition and once it is held that joint petition filed on behalf of several petitioners is, in sum and substance, petition on behalf of each of the petitioners, separate Court fee deserves to be paid. "

(6.) IN light of the aforesaid discussion, this Court holds that where by one stroke of pen in pursuance of one document several persons are affected they may approach this Court in one single writ petition. They may also do so when they claim a common relief. This would also save multiplicity of cases before this Court when the dockets are bursting at their seams. In such a case they would all be deemed to have approached this Court individually and would therefore, necessarily be required to pay separate Court fees each as if they had come to this Court in individual writ applications.

(7.) IN a case where similar orders are passed with regard to several persons, but, they are not incor

Please Login To View The Full Judgment!

porated in one document and are couched in common language but in separate documents, quite obviously they would be required to come to this Court in separate writ applications which may or may not be heard together at the discretion of the concerned Bench. That was the import of the order of this Court dated 18-10-2005 in CWJC No. 13060 of 2005. (8.) LEARNED counsel for the petitioner prays for one week's time to file 13 additional sets of Court fee, failing which this application shall be confined to petitioner no. 1 only. Order accordingly.
O R







Judgements of Similar Parties

24-04-2020 M. Sudarshan Goud & Others Versus The State of Telangana, rep. by its Public Prosecutor High Court of for the State of Telangana
17-02-2020 Indo Lloyd Freight Systems Pvt. Ltd., Chennai, Represented by its Director, Sudarshan K. Aithal Versus Income Tax Officer, Nungambakkam, Chennai High Court of Judicature at Madras
16-01-2020 Sudarshan & Others Versus South Eastern Coalfields Limited Through Chairman-Cum- Managing Director SECL, Chhattisgarh & Others High Court of Chhattisgarh
12-12-2019 S. Sudarshan Versus G.M. Sunil Kumar High Court of Karnataka
11-09-2019 Sudarshan Versus Pallavi In the High Court of Bombay at Aurangabad
04-09-2019 President, Municipal Council & Another Versus Sudarshan Kumar Sidana & Others National Consumer Disputes Redressal Commission NCDRC
25-03-2019 Ram Lal Versus Sudarshan Bhalla High Court of Himachal Pradesh
15-01-2019 Swati Sudarshan Sheregar Versus Sudarshan Anand Sheregar Supreme Court of India
22-06-2018 Moti Singh Son of Sudarshan Singh & Another Versus The State of Bihar High Court of Judicature at Patna
09-04-2018 Sudarshan Bhandari & Another Versus M/s Emaar MGF Land Private Ltd. Union Territory Consumer Disputes Redressal Commission UT Chandigarh
16-01-2018 M/s. Shri Sudarshan Industries, through its Proprietor Radheshayam Versus Hygenic Palm Oil Private Limited, through Bharat Patel & Others In the High Court of Bombay at Nagpur
10-01-2018 West Bengal State Electricity Distribution Company Limited Versus Sudarshan Maity & Others High Court of Judicature at Calcutta
09-01-2018 State of Chhattisgarh Versus Sudarshan Das & Others High Court of Judicature at Calcutta
13-12-2017 K. Ravi & Others Versus P. Sudarshan & Others High Court of Judicature at Madras
21-08-2017 Ram & Others Versus Sudarshan Gir & Others In the High Court of Bombay at Aurangabad
26-05-2017 M/s. Simpark Infrastructure Pvt. Ltd. (a 100 Subsidiary of M/s. Simplex Project Ltd.), Through Its Authorised Signatory Sudarshan Mundhra Versus Jaipur Municipal Corporation Pandit Deendayal Upadhyaya Bhawan, Through Its Chief Executive Officer High Court of Rajasthan Jaipur Bench
03-04-2017 Vinod Kumar Saboo Versus Sudarshan Vishwanath Malpani & Another High Court of Judicature at Bombay
01-02-2017 Shyama Sudarshan & Another Versus State of Karnataka & Others High Court of Karnataka
09-11-2016 Sudarshan Kumar Jain & 11 Others Versus State of U.P. & 2 Others High Court of Judicature at Allahabad
22-07-2016 The Energy & Resources Institute Versus Suhrid Sudarshan Shah & Others Supreme Court of India
18-07-2016 Arti Sitaram Naik @ Sunita Sudarshan Shenoy & Others Versus Sociadade Verlekar through its Administrator Roulu Anant Verlekar In the High Court of Bombay at Goa
06-06-2016 K.V. Sudarshan Versus The Director General of Police, Bangalore & Others High Court of Karnataka
17-05-2016 Dr.Sudarshan Chug, Saraswati Mission Hospital, Pehowa, Versus Rajesh Kalson & Another Haryana State Consumer Disputes Redressal Commission Panchkula
28-03-2016 Sudarshan Paul Versus Pradip Kumar Roy High Court of Gauhati
05-01-2016 Sudarshan Ojha & Others Versus Uchhaba Mohapatra & Others High Court of Orissa
04-06-2015 Sudarshan Gupta Versus State of Madhya Pradesh High Court of Madhya Pradesh Bench at Gwailor
21-05-2015 Sudarshan Kumar Versus Manish Manchanda High Court of Punjab and Haryana
20-01-2015 M/s. Sudarshan Krushi Agencies & Another Versus Mahendra Baburao Shelke & Others Maharshtra State Consumer Disputes Redressal Commission Aurangabad
19-01-2015 Sudarshan Chemical Industries Ltd. Versus Shoban Pigments & Others High Court of Judicature at Bombay
04-12-2014 Sudarshan Kumar Jain Versus Mukta Jain & Another High Court of Delhi
20-11-2014 Sudarshan Sahkari Grih Nirman Samiti Ltd. Versus State Bank of India High Court of Judicature at Allahabad
18-11-2014 Sudarshan Rajpoot Versus U.P. State Road Transport Corporation Supreme Court of India
12-11-2014 Sudarshan Majhi & Others Versus The State of West Bengal High Court of Judicature at Calcutta
29-09-2014 Sudarshan Das @ Lal Thakur @ Kashinath Das & Others Versus The State of West Bengal High Court of Judicature at Calcutta
01-09-2014 A. Sudarshan Reddy Versus Union of India rep. by its Deputy Secretary, Ministry of Home Affairs, Loknaya, Bhavan, (Hyderabad FF Cell) & Another High Court of Andhra Pradesh
13-06-2014 P. Sudarshan Reddy Versus Geetha Srinivasan & Others High Court of Andhra Pradesh
27-05-2014 M/s. Interarch Building Products Pvt. Ltd Versus M/s. Sudarshan Overseas Limited High Court of Delhi
23-05-2014 Sudarshan & Another Versus State of Maharashtra Supreme Court of India
16-05-2014 Sudarshan Pandey Versus State of U.P. High Court of Judicature at Allahabad
21-03-2014 Shashi Bala Versus Sudarshan Kumar & Others High Court of Punjab and Haryana
04-03-2014 Sudarshan Kumar Purohit Versus State of Rajasthan & Others High Court of Rajasthan
24-02-2014 Rudresh Naik Proprietor of Sudarshan Dry Docks Versus State of Goa Through its chief Secretary & Others National Green Tribunal Principal Bench New Delhi
31-01-2014 Sudarshan Kumar Khajuria Versus State of J. & K. & Others High Court of Jammu and Kashmir
20-01-2014 Sudarshan Lamba Chandigarh & Another Versus Union Territory, Chandigarh through Secretary, Chandigarh & Another Central Administrative Tribunal Chandigarh Bench
10-01-2014 Sudarshan Prasad Soni Versus Sheikh Nigam & Others High Court of Madhya Pradesh
16-12-2013 The Manager Retail Asset Collection, HDFC Bank Ltd. & Others Versus P. Sudarshan Andhra Pradesh State Consumer Disputes Redressal Commission Hyderabad
22-11-2013 Sudarshan Ahuja & Others Versus State of Madhya Pradesh & Another High Court of Madhya Pradesh
01-11-2013 Sudarshan Sareen Versus National Small Industries Corporation Ltd. & Another High Court of Delhi
25-09-2013 Sudarshan Choubey Versus The State of Jharkhand through the Secretary/Principal Secretary & Another High Court of Jharkhand
12-09-2013 Naveen Bhatnagar Versus Sudarshan Consolidated Ltd. Company Law Board Principal Bench New Delhi
15-07-2013 Sudarshan Yadav Versus State of Bihar High Court of Judicature at Patna
28-06-2013 Sudarshan Chemical Industries Ltd. Versus The Labour Commissioner & Others High Court of Judicature at Bombay
25-06-2013 Sudarshan Cargo Pvt. Ltd., Rep. by its AGM (Finance & Accounts) S.N. Murthy Versus M/s. Techvac Engineering Pvt. Ltd., Mysore High Court of Karnataka
08-02-2013 The Kennel Club of India, Represented by its Secretary C.V. Sudarshan Versus The Union of India, Represented by its Secretary & Others High Court of Judicature at Madras
06-12-2012 Sudarshan Vyapar Pvt. Ltd. & Another Versus Madhusudan Guha & Another High Court of Judicature at Calcutta
16-01-2012 M/S. Sudarshan Stone Enterprises (P) Ltd., Rep by its Managing Director Versus K. Jothirlingam Principal Secretary to Government of Karnataka Department of Mines & Geology, Bangalore & Others High Court of Karnataka
08-11-2011 Sudarshan Jagannath Singh & Another Versus M/s Sainath Enterprises Maharashtra State Consumer Disputes Redressal Commission Mumbai
12-09-2011 Sudarshan Patra & Others Versus State of West Bengal & Others High Court of Judicature at Calcutta
09-09-2011 Raghuveer Chand Khanna Versus Sudarshan Kumar Khanna High Court of Rajasthan
28-07-2011 Sudarshan Kumar Versus State of Haryana Supreme Court of India
03-05-2011 Sudarshan Versus Tapesar High Court of Judicature at Allahabad
03-03-2011 Manas Kundu Versus Sudarshan Pal High Court of Judicature at Calcutta
05-01-2011 Indian Airlines (India), National Aviation Company Of India Ltd. Versus Sudarshan Roy West Bengal State Consumer Disputes Redressal Commission Kolkata
27-10-2010 Sudarshan Rout Versus Commissioner-cum-Secretary to Govt. of Orissa & Others High Court of Orissa
09-09-2010 Sudarshan Jha, S/O Late Girdhari Jha Versus State Of Bihar High Court of Bihar
19-08-2010 United India Insurance Co.Ltd. Versus V. Sudarshan & Another High Court of Andhra Pradesh
18-08-2010 Registrar, J.N.K.V.V. Jabalpur Versus Sudarshan Singh High Court of Madhya Pradesh
16-07-2010 Sudarshan Kumari (Dead) Through her LRs Ajay Kumar & Others Versus Chandigarh Housing Board,Chandigarh, Through its Chairman High Court of Punjab and Haryana
17-06-2010 M/s Sudarshan Security Services Versus C.C.E., Jaipur I Customs Excise Service Tax Appellate Tribunal Principal Bench New Delhi
12-05-2010 State of Punjab Versus Sudarshan Kumar High Court of Punjab and Haryana
12-05-2010 Panmati Devi Versus Sudarshan Singh High Court of Bihar
12-05-2010 Panmati Devi Versus Sudarshan Singh High Court of Bihar
03-05-2010 Sudarshan Singh @ Sudarshan Prasad Singh, Laxmi Prasad Singh Versus State Of Bihar High Court of Bihar
30-04-2010 Sudarshan Kumar S/o Basuki Singh Versus Union of India & Others High Court of Judicature at Bombay
08-03-2010 Shree Sudarshan Kumar Khosla Versus Rajinder PalKhosla & Others High Court of Punjab and Haryana
27-01-2010 Marripalli Pushpalatha Versus A. Sudarshan Reddy Andhra Pradesh State Consumer Disputes Redressal Commission Hyderabad
25-11-2009 Sudarshan Nandi Versus State of West Bengal High Court of Judicature at Calcutta
20-08-2009 M/s. Global Trade Finance Ltd. Versus Sudarshan Overseas Limited & Another High Court of Judicature at Bombay
20-07-2009 Commissioner of Income Tax Chennai III Versus Sri Sudarshan Kumar Rungta Prop.Raunaq Steel Industries High Court of Judicature at Madras
28-05-2009 Sudarshan Overseas Ltd Versus Reserve Bank of India & Another High Court of Delhi
28-05-2009 Sudarshan Overseas Ltd Versus Reserve Bank of India & Another High Court of Delhi
29-04-2009 M.D., Orissa Co-operative Housing Corporation Ltd. & Another Versus K.S. Sudarshan & Another Supreme Court of India
29-04-2009 M.D., Orissa Co-operative Housing Corporation Ltd. & Another Versus K.S. Sudarshan & Another Supreme Court of India
21-02-2009 Sudarshan Bakaya & Another Versus State High Court of Jammu and Kashmir
20-02-2009 Peddi Ashok Kumar & Others Versus Peddi Sudarshan Rao Supreme Court of India
18-12-2008 Sudarshan Poddar Versus State Of Jharkhand High Court of Jharkhand
02-07-2008 Sudarshan Wadia Versus Titan Industries Limited & Another High Court of Karnataka
02-07-2008 Sudarshan Wadia Versus Titan Industries Ltd., & Another High Court of Karnataka
11-04-2008 Sudarshan Silks & Sarees Versus Commissioner of Income Tax, Karnataka Supreme Court of India
02-04-2008 Bharat Sanchar Nigam Limited Versus M/s. Sudarshan Telecom High Court of Delhi
07-03-2008 Sudarshan Sharma Versus State Of Uttarakhand High Court of Uttaranchal
29-02-2008 In Re : Sudarshan Chemical Industries Ltd. Income Tax Settlement Commission
06-02-2008 Trading Engineer (International)Private Ltd. Versus Sh. Sudarshan Yadav High Court of Delhi
10-01-2008 Union of India Versus Sudarshan Mondal High Court of Judicature at Calcutta
26-11-2007 Smt. K. Anjamma @ Anjali Devi & Another Versus K. Sudarshan Reddy & Others High Court of Andhra Pradesh
30-10-2007 State Bank of India v/s Sudarshan Doors Private Limited Debt Recovery Appellate Tribunal At Allahabad
03-10-2007 V. Sudarshan & Others Versus Srikanta Sharma, Rep by Spl power of Attorney holder & Others High Court of Karnataka
03-07-2007 M.N. Sudarshan Versus V. Murali Narayana High Court of Karnataka
07-06-2007 Gopireddy Andhra Pratap Reddy Versus Pochana Sudarshan Reddy & Others High Court of Andhra Pradesh
04-06-2007 Sh. Sandwip Roy Versus Sh. Sudarshan Chakraborty High Court of Delhi


LawyerServices is a Premium Legal Tech solution.


Lawyers, Law Firms, Government Departments and Corporates rely on us for, Workflow Automation, Data Aggregation, Timely Updates, Case Management, Intelligent Research, Latest Legal Data Updates and a LOT more!

If you are a legal professional, CONTACT US, in order to see how our UNIQUE solution can benefit your organization.

Features Intro Close Box