BIRENDRA PRASAD SINHA, J.

This is all application under Articles 226 and 227 of the Constitution of India in which a prayer has been made for issuance of a writ of certiorary quashing Annexure-I dated 9.11.1979. Annexur-1 is a letter by the District Magistrate, Muzaffarpur, to the Block Development Officer, Gaighat directing him to give vacant possession or plot nos. 467 and 468 area 11 decimals with the help of armed force after removing the petitioners who were found illegally occupying 7 decimals of land.

2. These plots originally belonged to one Shambhai Laheri, who was the recorded tenant in the cadastral survey khaitian. It is stated in the petition that one Jamuna Singh the ancestor and predecessor-in-interest of petitioner no. 2 purchased the said lands from Shambhai Laheri Jamuna Singh died issueless leaving behind his two brothers Jagdev Singh and Jageshwar Singh, father of petitioner no.2. it is further stated that by a family partition between the two brothers plot no. 467 fell in the share of Jageshwar Singh. On the death of Jageshwar Singh petitioner no. 2 Awadheshwar Singh is said to have come in possession over the said plot. On 18.1.1979 petitioner no.1 claim