Surya Prakash Kesarwani, J. - (1.) 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 Vs. 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 the Munsirim's report as incorrect. The question was adjudicated by the Civil Judge (S.D.), Gorakhpur, by order dated 25.2.2016, whereby he held that for a suit seeking relief for declaration and permanent injunction Court Fees is payable on ad valorem basis on market value of the property. Aggrieved with the aforesaid order the petitioners filed a civil revision No.56 of 2016 (Sohan Yadav and others Vs. Gram Sabha, Mahrajganj and another) which was dismissed by the Court of Additional District Judge Court No. 6, Gorakhpur, by the impugned order dated 19.9.2017. Aggrieved with these two orders, the petitioners have filed the present writ petition. Submissions;