Binod Kumar Roy, J.

1. The petitioners through this writ application under Articles 226 and 227 of the Constitution of India seek giant of a writ of certiorari quashing the order, dated 6.2.1979 (as contained in Annexure-1) passed by the Deputy Collector, Land Reforms, Madhubani Sadar, (Respondent 3) in Case No. 3 of 1978-79 State of Bihar V/s. Shri Laksman Sahni and Shri Ram Chandra Sah, under Sec. 4(g) of the Bihar Land Reforms Act, 1950 issuing notices to the State of Bihar as well as the petitioners for showing cause as to why against their illegal act a case be not instituted under appropriate section on after treating 1 bigha of gair mozarua khas pokhra of land of khasra No. 19 appertaining to khata No. 322 of Mohalla Bhawanipur alias Saraiyaganj of Mauza Madhubani as Government land, the order dated 22.11.1979 (as contained in Anpexure-2) passed by respondent No. 3 cancelling the Jamabandi in regard to 3 bigha 18 kathas and 7 dhura of land and out of the aforementioned khasra and khata and directing the petitioner No. 1 Ram Chandra Sah to deliver possession of the aforementioned land to the Anchal Adhikari, Radhika within one month, failling which giving liberties to the letter to take special steps or to use such force which may be necessary for compliance of his order, the appellate order, dated 17.9.1982 (as contained in Annexure-3) of the Collector, Madhubani Respondent No. 2 passed in Appeal case No. 153/77-80 dismissing the appeal of the petitioners filed against the order contained in Annexure-2, and the notice dated 7.10.1982 (as contained in Annexure-4) of the Respondent No. 3 issue to the petitioners to hand over possession of the aforesaid lands to the Anchal Adhikari, Radhika. The petitioners also pray for issuing a direction to the Respondent No. 1 to 3 not to the Respondent No. 1 to 3 not to disturb the peaceful possession of the petitioners over the aforesaid land.

2. The facts as it appears from the writ application, the counter-affidavit of respondent Nos. 1 to 3 and the petitioners rejoinder to that counter-affidavit are short, 3 bighas 18 kathas and 7 dhurs of lands was a tank situate within Mohalla Bhawanipur of the Madhubani Municipality, district Madhubani at one point of time belonged to Bhaktidhari Singh, the then landlord who in the year 1952 settled the same with the petitioners. The petitioners came in possession of the land and started paying rent to the Bhaktidhari Singh after obtaining rent receipts. At the time of vesting of his estate in the State of Bihar the ex-landlord filed a return showing the name of the petitioners as raiyats. The petitioners also renovated the tank and started growing Makhanas therein and rearing fishes. A vesting proceeding was started against the said landlord vide Government notification No. 487-L.R./JAN, dated 17.2.1953 which has published in the Bihar Gazette Extraordinary, dated 2.6.1953. A compensation case No. 8/53 State V/s. Shri Bhaktidhan Singh, was also initiated by the order dated 11.5.1953 of the then Additional S.D.O. (as contained in Annexure-9) and a notice was issued under Sec. 40 of the Bihar Land Reforms Act and a return was submitted by Bhaktidhar Singh and full compensation amount was paid to him in the year 1960-61 after verification of the Jamabandi of the aforementioned land. The petitioners too started paying rent to the State of Bihar and obtaining rent receipts upto-date in their own names. On an application filed by certain persons seeking settlement of lands of khasra Nos. 892 and 4251, a further enquiry was initiated in regard to the settlement of the petitioners land and it was found that those lands have already been settled by the ex-landlord after holding of above enquiry by the Circle Inspector. In his reports (Annexure-6 and 6-A) the Circle Inspector stated that the land in question were already settled through bandobasti rasidi in favour of the petitioners, who are Jamabandi raiyats and have been paying rents and that