S.A. KHAN, J.:- This writ application was filed with a prayer that the respondents should not interfere with the possession of the petitioners with respect to alluvion land which has been added to the Jama of the petitioners in view of the provisions of the Bengal Alluvion & Diluvion Regulations, 1825. The lands in question relating to Mauza Ajmeripur are unsurveyed Diara lands During the last survey prepared and published in the year 1964, large portion of land was submerged in the water and was recorded as "Margang" of Khesra Nos. 2, 315, 330, 331, 335, 337 and 837. The Mauza being very big, three separate charts were prepared for the lands in question.

2. The petitioners' case is that 300 acres of lands which remained submerged in the river Ganga accessed from the river which has led to the present dispute. The further case of the petitioners is that the lands which have accessed from the river were settled with them by the ex-landlord and as such the State of Bihar cannot settle the lands to any other party. Before this Court, learned counsel is taking a plea at least resistance. Counsel for the petitioners submits that for the time being he is giving up his claim with r