( 1 ) A revision and a Writ Petition raise same question of law. They have been heard together and are being disposed of by this common judgment. It is unfortunate that neither the State Government nor the Union of India filed any counter-affidavit to the writ Petition and the matter had to be heard without a counter on their behalf. The parties shall be referred to as they appear in the cause title of the Writ Petition.

( 2 ) THE petitioners filed O. S. No. 51/75 before Subordinate Judge, Razole seeking a declaration with respect to the title of the plaint schedule property. The suit property was a piece of land measuring Ac. 2-30 cents. Along with the declaration the petitioners sought a decree for possession and mesne profits as well. The suit was decreed on 12-12-77. The respondents 3 to 7 who were defendants in the suit filed an appeal being A. S. No. 115/78 against the judgment and decree. The appellate Court dismissed the appeal, confirmed the judgment of the trial Court on 18-6-86. It is contended in the Writ Petition that in october, 1982 when the Amin went to the suit schedule property for effecting the delivery of possession to the petitioners, some perso