This is a petition for a writ of cer-tiorari or Mandamus and also for any other writ, direction or order that may be deemed proper by the Court.

(2) The main allegation of the petitioners is that they had filed a revision to the Revenue Commissioner at Jammu against the order passed in appeal by the Collector at Jammu confirming the orders of the Tehsildar at Samba in relation to the declaration and mutation of Khasra No. 201 situated in Kalah Swankah Tehsil Samba as Kahcharai and of Khasra No. 175 as Khalsa Sarkar. On 22-5-1958 the Hevenue Commissioner passed an order for stay as prayed for by the petitioners pending the final disposal of the revision before him.

Subsequently, the Revenue Minister issued directions in July 1958 to the Revenue Commissioner to vacate the order of stay. In obedience to this direction the Revenue Commissioner vacated the stay order on 13-9-58. The Revenue Commissioner thus failed to act as an independent agent or to exercise his quasi-judicial functions as an independent Tribunal established under the Land Revenue Act. The petitioners, therefore, pray that the order cancelling the stay be quashed and the Revenue Commissioner be directed to proceed with the revision before him according to law, ignoring the instructions or directions of they Revenue Minister or any other authority and to secure the petitioners in undisturbed possession of the land till the revision is disposed of!

(3) The respondents who are the State of Jammu and Kashmir and the Revenue Commissioner, Jammu oppose the application on grounds based on facts as well as law. They point out that the petition is totally misconceived, that the facts alleged therein are erroneous, that true facts have not been stated by the petitioners, and that the petitioners are not entitled to any relief whatever. In view of the conflicting statements of the parties regarding facts, it is necessary to notice the material facts as borne out by the records.

(4) Two plots of land, one measuring 107 kanals and 14 marlas in khasra No. 175 situated in village Kalah Tehsil Samba and the other measuring 298 kanals and 13 marlas situated in Khasra No. 201 in Swankah village in Samba Tehsil are referred to in the petition. It is the case of the petitioners that portions of these lands were reduced to their cultivating possession. The land in Khasra No. 201 in village Swankah was recorded as grazing land by the Tehsildar and mutation was effected in the name of the villagers of Swankah and the petitioners were ordered to be evicted.

Against this order of the Tehsildar dated 10-2-56 the petitioners preferred an appeal to the Collector at Jammu. It was dismissed on 27-8-1956. An application for restoration was also dismissed by him. Thereafter, on 28-2-58 a petition was presented before the Revenue Minister alleging that in spite of the stay order obtained by the petitioners the Tehsildar was seeking to evict them from the lands in their possession.

On that petition the Revenue Minister issued a stay in favour of the petitioners, pending receipt of the report of the Collector at Jammu which was called for. After obtaining the Collectors report, the Revenue Minister ordered on 11-3-58 that as the land in dispute was under Rabi crops raised by the petitioners, they may be allowed to reap the crops and thereafter vacate the land. He also directed them to furnish security in a sum of Rs. 500/- for vacating the land, soon after they harvested the crops. The security was duly furnished.

(5) Thereafter, on 31-3-58 the petitioners moved the Revenue Commissioner, Jammu in revision against the order passed by the Collector on 27-8-56 dismissing their appeal and also against his subsequent order dismissing their restoration application. On 17-5-58 the Revenue Commissioner was moved for a stay of likely proceedings in ejectment against the petitioners. On 22-5-58 the Revenue Commissioner issued an order directing that status quo be maintained till the next date of hearing which was

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