S. B. Sinha, J.

1. Both these applications involving common questions of law and fact were taken up for hearing together and are being disposed of by this common judgment.

2. The petitioners in this application inter alia have prayed for issuance of a writ of certiorari for quashing the order dated 19.8.1992 passed by the respondent no.3 whereby and whereunder he had refused to settle the lands in their favour.

3. The fact of the matter lies in a very narrow compass. One Kalanand Singh was the landlord of Garh Banaili Estate. After his death bis wife Rani Ralawati created a trust in favour of Shri 108 Jalijee. One Smt. Jagatmaya Devi was recorded as Nagdi Sikimidar. Allegedly she acquired an occupancy right in respect of the lands in question and thereafter sold the same to the petitioner no.1 his brother Bishwanath Mishra and his father Bhavdeo Mishra. The brother of petitioner no.1 had transferred some lands out of the above lands which has been purchased by the petitioner no.2.

4. The petitioners have contended that Chakbandi Khatians had been prepared in their names and they had been paying rent to the State government.

5. According to the petitioners there predecessor-