Heard learned counsel for the petitioner and the State.

2. Petitioner seeks quashing of the ORDER :dated 02.03.2011 as contained in Annexure 7 passed by the Deputy Collector Land Reforms, Sadar Madhubani.

3. Learned counsel for the petitioner is that though the petitioner, as stated in paragraph 14 of the writ application, had appeared pursuant to the notice as contained in Annexure 5 and has filed his reply with a prayer to drop the proceeding, the ORDER :impugned has been passed on the ground that the petitioner, even after issuance of notice, has failed to produce any evidence in his favour. It is urged that while doing so, respondent no. 4 did not even consider the written reply filed by the petitioner. That apart, it is also contended that no proper proceeding has been initiated against the petitioner under section 4(g) or any other provision of the Bihar Land Reforms Act for the purpose.

4. Despite indulgence granted to learned counsel for the State on 05.09.2011 itself and thereafter again on 17.10.2011 no counter affidavit could be filed on behalf of the State.

5. In above view of the matter, there is no option than to proceed and consider this case without any counte