- (1.) After having heard the parties, we passed the following Order 10th November, 1995:- "for reasons to he given later, we set aside the impugned order No. 141 dated 21.7.1994 issued by the respondent No. 2, the District Magistrate, Darjeeling. The Appeal and the Stay application are allowed. Stay asked for is refused".
(2.) We now give the following reasons:- This appeal by the Writ petitioners is directed against the Order dated April 6, 1995. whereby the Learned Trial Court declined to pass ad-interim Order on their Writ Application. In their Writ Application the appellants as the owners of divers plots of land situated within P. S. Mutigara in the District of Darjeeling have challenged the aforesaid order of the respondent No. 2 addressed to the Additional District Sub-Registrar, Siliguri, the respondent No. 5, on the ground that the respondent No 2 has no power or authority to issue the same under the (hereinafter referred to as the said Act) and in so far as the impugned Order purports to affect their lands.
(3.) The material portion of the said impugned Order reads as follows:- "You are hereby directed to register the documents of transfer of land in the jurisdiction of Siliguri Jalpaiguri Development Authority only after obtaining the no objection Certificate from S.J.D.A. otherwise not to register without obtaining the same in respect of the said areas. "This may please be complied with strictly.";