Hon’ble Surya Prakash Kesarwani, J.—Heard Sri Ashok Kumar Shukla, learned counsel for the petitioners, Sri I.S. Tomar, learned Additional Chief Standing Counsel for the respondent No. 2 and Sri Tariq Maqbool Khan, learned counsel for the respondent No. 1, Gram Sabha.

2. With the consent of learned counsel for the petitioners and the learned Additional Chief Standing Counsel, this writ petition is being finally heard without calling for a counter-affidavit.

Facts

3. Briefly stated facts of the present case are that the petitioners filed O.S. No. 91 of 2016 (Sohan Yadav and others v. Gram Sabha, Mahrajganj and another) seeking declaration and permanent injunction with respect to certain Khasra plots of Village - Mahrajganj, Tappa - Marachchi Chandaur, Pargana - Haveli, Tehsil - Sadar, District Gorakhpur. Fixed Court Fees was paid by them in terms of the provisions of Article 17(iii) of Schedule II and Section 7(iv-B)(b) of the Court Fees Act, 1870 being Rs. 200 + Rs.500, total Rs.700. The Munsirim submitted a report for deficiency of Court Fees. Petitioners objected to