AFTAB ALAM, J.

This writ petition arises from a proceeding under the provisions of the Bihar and Orissa Municipal Survey Act. The dispute relates to Plot No. 409(new) situate in ward no.9 of the Saharsa Municipality. The disputed plot 409(new), along with plot nos. 281 (new) and 288(new) was carved out during the last survey operations from old plot nos. 1773 and 1774 and it is an admitted position that the disputed plot no.409 was formed by a portion of old plot no. 1773. It is further an admitted position that old plot no. 1773 Of Khata no. 846(old) having an area of 9 kathas 12 dhurs was recorded in the cadestral survey record of rights in the name of one Hansi Charhar under Tauzi No. 3687 of the ex-landlord Bibi Shakina wife of Abdul Gaffar.

2. According to the petitioners the successor of the record tenant surrendered the plot in question to the landlord who came in its cultivating possession as her khas land. Later on, the ex-landlord settled a large piece of land measuring to an area of' 4 bighas, 11 kathas 3 dhurs in favour of one Sikander Hussain by a Parwana issued in the year 1345 Fasli. The piece of land being the subject matter of settlement comprised of a number of plots of Khata nos. 933 and 934 and also included plot no. 1773 of Khata No. 846. Following the settlement the settlee Sikandar Hussain came in possession of those lands. The petitioners produced a number of evidences in support of their claim that plot no. 1773 of Khata No. 1846 after having been surrendered by the recorded tenant was settled by the ex-landlord in favour of Sikandar Hussain. These included, besides the Parwan, (i) Rent receipts issued by the ex-landlord to the settlee, (ii) Cess revaluation return issued by the ex-landlord in the year 1941-42 in the name of Sikandar Hussain for 4 bighas, 11 kathas, 3 dhurs; (iii) return filed by the ex-landlord to the State of Bihar at the time of vesting of Zamindari under the provisions of the Bihar Land Reforms Act, 1950 and (iv) documents showing the creation of Jamabandi in the name of Sikandar Hussain and entry of his name in Register II.

3. It is further the case of the petitioners that they purchased the land of plot no. 1773 (9 kathas, 12 dhurs in area) from Sikandar Hussain under a registered sale deed no. 7308, dated 24.11.1956 on payment of valuable consideration. The petitioners then got the land of plot no. 1773 amalgamated with their land of the adjacent plot no. 1774 (9 kathas 5 dhurs in area), thus bringing into existence a larger block of land. Later, on partition taking place among their co-sharers the petitioners got 1/3rd share in that bock at land. They got their names mutated in the Anchal records on the basis of order passed in their favour in Mutation Case No. 902/76-77 and they were assigned Jamabandi No. 65 in Register II. The State of Bihar recognized them as raiyat and rent receipts were issued in their names.

4. It is further stated that during the last Municipal Survey the names of the petitioners were entered at the stage of Khanapuri in respect of three plots, being plot nos. 287,288 and 409 which were carved out from the old plots 1773 and 1774. An objection under section 9 was filed on behalf of respondents 6 to 11 which gave rise to Objection Case No. 388 8/83. The objection was rejected by the Assistant Superintendent Municipal Survey by his order dated 13.9.1985 (Annexure-2). The respondents then preferred an appeal before the Superintendent of Survey as provided under Rule 15(1) of the Municipal Survey Rules.

5. In the meanwhile the respondents also preferred an appeal before the L.R.D.C. against the order passed in Mutation Case No. 902/76-77 on the basis of which Jamabandi No. 65 was created in the name of the petitioners in respect of plot no. 1773. The D.C.L.R., by order dated 26.7.1982 allowed that appeal without realising that the appeal was hopelessly barred by time; it was filed on 3.9.1980 against the order passed by the Anchal Adhikari on 28.2.1977. Ag