S.J. Mukhopadhaya, J.

As both the writ petitions have been preferred by common petitioners and common point involved, they were heard together and are being disposed of by this common order.

2. The dispute relates to land measuring 3.08 acres out of Plot No. 179/1021 under Khata No. 68/26 of village Kauriram, P.S. Mohania, district Kaimur in C.W.J.C. No. 241/99 and in the other case C.W.J.C. No. 350/99, the dispute relates to land measuring 1.48 acres of Plot No.10 under Khata No.48 of the said village Kauriram, P.S. Mohania, District Kaimur.

3. It appears that Respondents Nos. 4 to 8 of C.W.J.C. No. 241/99 claimed to be occupancy raiyats in respect of land dispute therein and preferred application under section 48D of B.T. Act. It was registered as Batai Case No. 3/94-95. Similar claim was made by Respondent No. 3 of C.W.J.C. No. 350/99, who claimed to be occupancy raiyat in respect of land, in dispute in the said case. It was registered as Batai Case No. 1/95-96.

4. Batai Case No. 3/94-95 was earlier decided by Circle Officer on 29th November, 94 in favour of Respondents 4 to 8 (appellants). The other Batai Case No. 1/95-96 was also decided in favour of Respondent No. 3 (appella