Tapen Sen, J.

1. In this writ petition, the petitioner pray for issuance of a writ of certiorari for quashing the order dated 27.10.1999 (Annexure-8) passed by the respondent No. 3 in B.P.L.E. Case No. 4-R 15/96-97 setting aside the order dated 12.12.1997 (Annexure-7) passed by the predecessor-in-office of the respondent No, 3 in Misc. Appeal (Encroachment) Case No, 4/97 with a direction upon the respondent No. 4 to remove the encroachment made by the petitioner within 15 days. The petitioners further pray for issuance of a writ of mandamus commanding upon the respondents to forebear from interfering with the peaceful possession of the petitioners in respect of the land measuring 5.74 Acres situated in village Basia on khata No. 249, Plot Nos. 1116, 1117 and 118.

2. According to the petitioners, they are in peaceful possession of the land since 1942 in respect of the entire area referred to above. The details whereof are as follows : Plot No. Acres 116 2.58 Acres 117 2.86 Acres 118 0.30 Decimals.

Total : 5.74 Acres

3. The land in question was recorded as gair majarua malik and it was uncultivable, fallow and full of boulders and bushes. It was surrounded by the raiyati lands of