Hon’ble Rajan Roy, J.—Heard Shri Sudeep Seth, learned counsel for the petitioners, learned Additional Chief Standing Counsel for the State and Shri Prashand Singh Gaur, learned counsel for the opposite party No. 3.

This is a petition under Article 227 of the Constitution of India seeking the following relief :

“Wherefore it is most respectfully prayed that this Hon’ble Court may be pleased to quash/set-aside the impugned order dated 28-1-2014 passed by the Opposite Party No. 1 on application for return of Court fees dated 25-1-2014 (C-73) preferred by Opposite Party No. 3 in R.S. No. 35 of 2009 (Rakesh Kumar Gupta v. Ravinder Kumar Gupta and others) (as contained in Anneuxre No. 1 to the writ petition). Further, the Opposite Party No. 2 may be directed to return the used impressed Court fees of Rs. 1,34,708/= to the Opposite Party No. 1 for being consigned to the record room in R.S. No. 35 of 2009 (Rakesh Kumar Gupta v. Ravinder Kumar Gupta) or to the State Government, the Opposite Party No. 5. The Petition may be allowed with cost throughout.”

2. The facts of case in brief are that the opposite party No. 3 filed a suit for declaration and paid requisite Court-fee thereon.