M.Y. Eqbal, J.

1. In this writ application the petitioner has prayed for quashing the entire proceeding and the order dated 23.7.1994 passed in Miscellaneous Case No. 40/1993-94 whereby the respondent No. 2 Deputy Commissioner, Garhwa purported to have accorded sanction for cancellation of jamabandi running in the name of the petitioners and their vendor on the objection raised by respondent No. 7 now deceased. A copy of the order sheet of the Miscellaneous case has been annexed as Annexure 10 to the writ application.

2. Mr. N.N. Tiwary, learned senior counsel appearing for the petitioner assailed the impugned order and the entire proceeding as being wholly illegal, arbitrary, mala fide and without jurisdiction. Learned counsel submitted that Jamabandi once opened in pursuance of a judicial proceeding and become final, the same cannot be cancelled in a subsequent proceeding, the entire proceeding and the impugned order is hopelessly barred by the principle of res judicata and the respondent have committed serious error of law in according sanction for cancellation -of jamabandi created in the name of the vendor of the petitioners and subsequently in the name of the petitioner