H.L.Agarwal, J.

1. Petitioners have filed this writ application under Articles 226 and 227 of the Constitution of India for quashing of the judgment (Annexure 2) of the Assistant Settlement Officer, Purnea (respondent No. 2) as also the judgment (Annexure 3) passed by the Charge Officer, Purnea (respondent No. 1) on appeal by the petitioners before the said authority against the judgment and decree of respondent No. 2, in the following circumstances :

The petitioners had filed a title suit in the Court of the Munsif, Sadar Purnea, for declaration of their title and confirmation of possession or in the alternative, for recovery of possession over the suit land, which was registered as Title Suit No. 3783 of 1964. The plaintiffs case, as made out in the said plaint, is that the disputed lands are their ancestral properties with which the defendants had no manner of concern. During the last revisional survey, a wrong entry was made in favour of respondent Nos. 3 to 7 against the existing conditions, who have been recorded as Bataidars. A further prayer for declaring the petitioners as the raiyats of the suit land has also been made in the plaint.

2. During the pendency of the