Jamuar, J.

1. This is an application under Article 296 of the Constitution for the issue of an appropiate writ to quash an order of a settlement of a hat known as Gudari Hat made by opposite party No. 2 with opposite party No. 3 and to restrain the latter from interfering with the peaceful possession of the petitioners.

2. The facts giving rise to this application are these. The petitioners claim to own and (SIC) a holding known as a "Bitori" holding measuring about five bishas in village Kasba the boundary of which has been given in paragraph I of the petition. Village Kasba was under the zamindari of Choti Kothi of which the proprietor was Mahipal Bahadur Singh of Purnea. This holding of the petitioners stood recorded in the landlords sherista in the names of their ancestor. Dular Chaudhury and Kantu Chaudhury at a rent of Rs. 2-10-8 and this was payable to the Choti Kothi.

On a portion of the aforesaid holding, there are some pucca and kutcha houses having been constructed by the ancestors of the petitioners, and it is stated in the petition that the petitioners have been "carrying on business in these houses. On an area of about two bighas, out of the five bighas of the