Satyabrata Sinha, J. - (1.) The petitioners in this application have, Inter alia, prayed for the following reliefs:- "(a) A Writ or order or orders and/or directions in the nature of Mandamus directing the respondents, their agents, subordinates to correct She record of right in favour of petitioners is the basis of the judgment and decree passed by the learned Munsif, 1st Court, Diamond Harbour on 16.4.82 the Title Suit No. 133 of 1973 and also to consider the application of petitioners (Annexure-C) and also directing the respondents not to give any effect and/or further effect of the impugned order of vesting and also not to settle the lands to others."
(2.) The fact of the matter is not in dispute
(3.) The lands in question belonged to Bapuli Brothers. By reason of 3 registered deeds of sale dated 5.8.92, 4.2.93 and 4.2093 the petitioners have purchased the lands described in Paragraph 2 of the writ petition. According to the petitioners, as the private respondent No 14 intended to disturb the possession on the basis of a pattab stating that the land is vested ; the petitioners enquired into the matter and came to learn that the vendors of the petitioners filed a suit in the Court of 1st Munsif, Diamond Harbour, which was marked as Title Suit No 133 of 1973. In the said suit, the vendors of the petitioners. Inter alia, sought for a decoration of their right, title and interest as also possession. By a judgment and decree dated 16.4.82, the learned Munsif, Diamond Harbour decreed the aforementioned suit and held that the predecessor-in-interest of the petitioners had right, title great interest in relation to the said lands. No appeal had been preferred as against the said judgment by the State of West Bengal. Despite the fact that the State of West Bengal was bound by the aforementioned judgment and decree passed by a competent Civil Court, it now transpires that the authorities of the revenue department granted a pattah in favour of the respondent No. 14 on 20.8.94 which is contained la Aunexure 'E' to the affidavit-in-opposition.;