August 12, 2026

Court Fees for Filing a Writ Petition in the Gujarat High Court

Court Fees for Filing a Writ Petition in the Gujarat High Court

Gujarat High Court court fee is an important filing requirement that petitioners should understand before approaching the Court. For a writ petition, the fee is generally fixed under the Gujarat Court-fees Act, 2004, rather than based on the value of the dispute. The applicable fee depends on whether the petition invokes Article 226 or Article 227 of the Constitution, making the correct classification essential to avoid Registry objections.

The governing statute

A common error is to cite the Bombay Court-fees Act, 1959. That Act no longer applies in Gujarat. Section 49 of the Gujarat Court-fees Act, 2004 (Gujarat Act No. 4 of 2004) repealed the Bombay Court-fees Act, 1959 in its application to the State of Gujarat, subject to a saving for anything done under the repealed law.

The 2004 Act has been amended more than once, including by Gujarat Act 6 of 2014, Gujarat Act 10 of 2015 and Gujarat Act 14 of 2016. The version published by the Government of Gujarat and available through India Code is stated to be modified up to 31 January 2024; any later amendment or notification should be checked against the current text.

The Act divides fees between two schedules. Schedule I prescribes ad valorem fees, computed on the amount or value in dispute. Schedule II prescribes fixed fees. A writ petition falls in Schedule II.

The Court Fee for a Writ Petition in Gujarat High Court

The relevant entry is Article 1(f) of Schedule II, which deals with an application or petition presented to the High Court:

Nature of the petitionFee
For directions, orders or writs under Article 226 for any purpose other than the enforcement of the fundamental rights conferred by Part IIIOne hundred rupees
For directions, orders or writs under Article 226 for the enforcement of any fundamental right conferred by Part III, or for the exercise of the Court’s jurisdiction under Article 227Fifty rupees
In any other case not otherwise provided for by the ActTwenty rupees

Two features of this entry are worth pausing on.

First, the fee is lower for a petition enforcing a fundamental right than for one invoking Article 226 for “any other purpose”. This is deliberate rather than anomalous: access to the court for the enforcement of Part III rights is treated as deserving the lighter charge.

Second, the fee is fixed, not proportionate to what is at stake. A writ petition challenging a demand of several crores attracts the same fixed fee as one concerning a rejected licence. This is a significant difference from a civil suit, where Schedule I applies and the fee rises with the value of the subject matter, subject to a maximum of seventy-five thousand rupees on a plaint or memorandum of appeal.

Fees on related documents

A writ petition in the Gujarat High Court is rarely filed alone, and the court fee for related documents must also be considered when calculating the overall filing costs. Under Schedule II of the Gujarat Court-fees Act, 2004, a vakalatnama presented to the High Court attracts a fee of five rupees under Article 12(c). A memorandum of appeal to the High Court, where the appeal is not from a decree or an order having the force of a decree, attracts ten rupees under Article 13(c). A caveat carries a fee of twenty rupees where the amount or value of the property involved does not exceed two thousand rupees, and fifty rupees where it does, under Article 14. A revision application to the High Court under Section 115 of the Code of Civil Procedure, 1908 attracts fifty rupees under Article 2, while an application for attachment before judgment or a temporary injunction carries ten rupees under Article 35(a). Copies of judgments, decrees and orders of the High Court also carry separate fees under Articles 24, 25 and 27. These Gujarat High Court court fees should therefore be checked separately from the basic writ petition court fee before filing.

When the fee is calculated, and how it is paid

Section 36 fixes the reference point: fees are charged and collected at the rate in force on the date on which the chargeable document is presented. A subsequent revision of rates does not disturb a petition already filed.

Section 37 provides that fees chargeable under the Act shall be collected by stamps or by e-payment — the words permitting e-payment having been inserted by Gujarat Act 10 of 2015, which also introduced a definition of “e-payment” in Section 2(bb). Section 38 governs whether stamps are impressed or adhesive. Section 42 requires cancellation of stamps before a document is acted upon, and contains a proviso for e-payment under which the competent officer verifies the genuineness of the payment, locks the entry and endorses the document.

Deficit, disputes and the taxing officer

Section 4 states the basic rule: a document of a kind specified as chargeable in Schedule I or Schedule II shall not be filed, exhibited or recorded in any Court unless the proper fee has been paid.

Where a difference arises between the officer responsible for seeing that the fee is paid and the party, Section 5(1) provides that in the High Court the question is referred to the taxing officer, whose decision is final — subject to revision on an application made within sixty days of the decision, by the Chief Justice or by such Judge of the High Court as the Chief Justice appoints. The Chief Justice declares who the taxing officer is.

Section 40 softens the consequence of an honest mistake. A document that ought to bear a stamp has no validity until properly stamped, but where such a document has through mistake or inadvertence been received or filed without being properly stamped, a Judge of the High Court may order that it be stamped as directed, and once stamped the document and every proceeding relating to it are valid as if it had been properly stamped in the first instance.

Internally, the Gujarat High Court Rules, 1993 allocate the function: the Registrar determines all questions relating to court fees other than those required to be dealt with by the taxing officer appointed under the Court Fees Act, and adjudicates refunds under those Rules, the Act and the notifications issued under it.

Refunds and exemptions

The Act provides for repayment in defined circumstances. Under Section 43(1), where a suit is settled by agreement of the parties before any evidence is recorded, or an appeal or cross objection is settled by agreement before it is called on for effective hearing, half the fee paid is repaid — but not where the fee paid does not exceed one hundred rupees, and not where the claim is made more than one year after the settlement. Sections 15 to 17 deal with refunds on a memorandum of appeal that is received after rejection or on remand, and on applications for review in specified situations.

Section 20 exempts certain documents from any fee. Among the exempted categories is a petition by a prisoner, or by any other person in duress or under restraint of any Court or its officer — a provision of obvious relevance where liberty is at stake. Section 46 empowers the State Government, by notification in the Official Gazette, to reduce or remit any of the fees in Schedule I or Schedule II.

Practical guidance

Three points are worth carrying into the Registry.

Identify the correct entry before paying. Whether the petition seeks enforcement of a fundamental right, invokes Article 226 for another purpose, or invokes Article 227 determines which limb of Article 1(f) applies, and the petition should make the jurisdiction it invokes explicit rather than leaving the Registry to infer it.

Account for the ancillary documents. The vakalatnama, interim applications and copies each carry their own fee, and a deficiency on any of them will surface as an office objection.

Treat published figures with caution. Fee schedules are amended by State legislation and can be varied by notification under Section 46. The figures set out above are those in Schedule II to the Gujarat Court-fees Act, 2004 as modified up to 31 January 2024; before filing, the current text of the Act and any subsisting notification should be checked, and the Registry can confirm the amount payable in a particular category.

Frequently Asked Questions

What is the court fee for a writ petition in Gujarat High Court?

Under Article 1(f) of Schedule II of the Gujarat Court-fees Act, 2004, the fee is generally ₹100 for an Article 226 petition and ₹50 for enforcement of a fundamental right or an Article 227 petition.

Does a writ petition in Gujarat High Court attract an ad valorem fee?

No. A writ petition generally attracts a fixed fee under Schedule II, rather than a fee calculated on the value of the dispute.

Can Gujarat High Court court fees be paid electronically?

Yes. The Gujarat Court-fees Act permits payment of court fees through e-payment, subject to the applicable procedure.

What happens if the correct court fee is not paid?

The filing may attract a court-fee deficiency objection. The Gujarat Court-fees Act provides mechanisms for correcting such deficiencies.

Is the Bombay Court-fees Act applicable in Gujarat?

No. The Gujarat Court-fees Act, 2004 repealed the Bombay Court-fees Act, 1959 in its application to Gujarat, subject to the statutory savings.

Can court fees be refunded?

Yes, but only in specified circumstances provided under the Gujarat Court-fees Act and applicable rules.

Legal Information Disclaimer

This article is published for general legal information and educational purposes only. It reflects the position of Indian law as researched up to 10 August 2026 and may not account for subsequent amendments, notifications, rule changes or judicial developments. It is not legal advice, does not take into account any individual’s particular facts or circumstances, and no advocate-client relationship arises from reading it. Outcomes in litigation depend on the specific facts of each case and on procedural requirements in force at the relevant time. Readers dealing with an actual dispute should obtain independent professional advice from a qualified advocate of their own choosing before acting on any information contained here.

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