B.K. Sharma, J.

1. Both the writ petitions involving same set of facts and the same cause of action, have been heard analogously and are being disposed of by this common judgment and order.

2. While the petitioners have contended that they have been evicted from their patta land at the behest of district and police administration, it is the case of the private respondents, who are the beneficiaries of such eviction of the petitioners, that the petitioners should pursue their remedy elsewhere other than the writ jurisdiction.

3. Each one of the petitioners had purchased land measuring 1 katha-10 lachas covered by Dag No. 317(c) and 317 (S1. No. 4) of K.P. Patta No. 88 of village Borsojai under Beltola mouza of Kamrup district, Assam from Pragjyotish Housing Cooperative Society by registered deed bearing No. 1978 and 1979 respectively. The respective land of the petitioners had been mutated by orders dated 22.8.1988. The petitioners have annexed to the writ petition the copies of Jamabandi, land revenue paying receipts, municipal tax receipts, electricity bill receipt etc. to show that the respective plots of their land were under their occupation till they were forcefully evicted. The municipal tax receipt (Annexure-6) and electricity bill receipts are dated 17.4.2006 and 15.6.2006.

4. In the year 1999, one Sri Gunua Maji filed Title Suit No. 250/1999 against the aforementioned Pragjyotish Housing Cooperative Society from whom the petitioners had purchased the land, challenging the sale deed and other documents. Be it stated here that the society had purchased the land of Sri Gunua Maji from his attorney by sale deed No. 1454 dated 7.7.1987. The said attorney was one Sri Dhananjoy Singh, whom Sri Gunua Maji had appointed by registered power of attorney bearing No. 183 of 1987. In the title suit, said Sri Gunua Maji challenged the power of attorney and other documents made on the strength of the said power of attorney.

5. The title suit filed by Sri Gunua Maji was decreed ex parte on 13.9.2000 and thereafter, he filed VVP(C) No. 6687/2001 seeking a direction to execute the ex parte order dated 13.9.2000. The writ petition was disposed of by order dated 24.9.2001 issuing direction to execute the ex parte order dated 13.9.2000 passed by the learned Civil Judge (Junior Division) No. 4 in Title Suit No. 40/2000.

6. The petitioners having come to know about the aforesaid order passed by this Court filed Review Application No. 8/2002 seeking review of the order dated 24.9.2001 passed in WP(C) No. 6687/2001. The review application was disposed of by order dated 27.1.2003 reviewing the earlier order dated 24.9.2001 and a cost was imposed on Sri Gunua Maji for suppression of material fact. Further, mutations in respect of the land earlier granted in favour of the petitioners were also restored.

7. Learned Civil Judge (Junior Division) vacated the ex parte order earlier passed in Title Suit No. 40/2000. The order to that effect was passed on 18.9.2003 in Misc. Case No. 73/2003. Thereafter, the petitioners initiated the proceedings under Section 144, Cr PC against the respondent N. 5 and others before the Respondent No. 2 i.e. the Deputy Commissioner, Kamrup (Metro), Guwahati. On the basis of such proceedings, the Respondent No. 5 was restrained from entering into the land of the petitioners. The order to that effect was passed on 1.4.2006. Being aggrieved, it was the turn of the Respondent No. 5 to file Criminal Revision Petition No. 28/2006 before the learned Sessions Judge challenging the order passed in the said proceeding. The learned Sessions Judge by his order dated 12.4.2006 suspended the order dated 1.4.2006.

8. After the aforesaid developments, the Respondent No. 5 filed Title Suit No. 206/2006 and 224/2006 respectively against the petitioners before the learned Civil Judge (Junior Division) No. 1 and 2, Kamrup, Guwahati respectively for declaration of right, title and interest over the land in question and declaration of the sal