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 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 the petitioners and accordingly, it was converted from a fallow land into a cultivable land in the year 1942. According to the petitioners the act of converting this land into a cultivable area was made after obtaining oral permission of the then landlord Maharaja Pratap Uday Nath Shahdeo. Thus, what the petitioners contend is that their predecessor -in -interest namely Bishwanath Prasad Choudhary (the original petitioner) converted this land into "Korkar" as provided under the provisions of the Chotanagpur Tenancy Act, 1908.
(3.) THE petitioners have further stated that after the aforementioned conversion, the land was reclaimed, a well was excavated and several valuable trees including fruit bearing trees were planted which are still standing over the land. According to these petitioners, Late Bishwanath Prasad Choudhary started deriving the benefits of the land and the plants since 1942.;