SHRI SUBHAS CHANDRA NATH, SMT. PRITIBALA NATH, SMT. ARCHANA NATH AND SMT. SABITA NATH Vs. SHRI PULIN BIHARI NATH, SHRI SHYAMAL NATH, SHRI PREM CHANDRA NATH AND SMT. SINDHU NATH

JUDGEMENT

(1.) HEARD learned counsel, Mr. D.K. Biswas for the petitioners. Learned counsel, Mrs. S. Deb (Gupta) appeared on behalf of the respondents and submitted that she had been engaged by the respondents to conduct the case but the case file is not with her and that she has no contact with the respondents so long and therefore, not in a position to argue the case since she has no instruction from the respondents.

(2.) THE writ petition was filed under Article 226/227 of the Constitution of India. In course of his submission learned counsel, Mr. Biswas prayed for treating it as a petition under Article 227 of the Constitution of India. Such prayer of learned counsel, Mr. Biswas has been allowed.

(3.) RESPONDENTS filed a written objection, inter alia, stating that in the title suit instituted by the petitioners, respondent No. 4 was not a party and so the decree is not binding on respondent No. 4. It is the contention of the respondents that a part of the suit land i.e. allotted land of Barindra Nath was never occupied by Barindra Nath or his successors and that the land had been under occupation of the respondent No. 4 Smt. Sindhu Bala Nath, D/o Pulin Bihari Nath (respondent No. 1) and therefore, respondent No. 4 rightly approached the Collector of the District for correction of the record of rights and accordingly, the Collector passed the impugned order dated 24.03.2007 directing SDM, Dharmanagar to enquire about the physical status of the land and to re -allot the same. The order passed by the Collector does not suffer from any infirmity and hence this Court may not interfere in the order. It is also contended by the respondents that the order is interlocutory in nature and hence, the present revisional application challenging that order is not maintainable.