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2023 Supreme(Pat) 929

MOHIT KUMAR SHAH
S. M. Zafar Imam – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Petitioners: M/s Lalit Kishore, Sr. Adv., Sarva Deo Singh.
For the State : M/s Ebadur Rahman Shakeb, AC to AAG-12.
For the Intervenor- : Mr. Pratap Sharma.
Resp. No. 7

Mohit Kumar Shah, J. – The present writ petition has been filed for quashing the notice, issued by the Circle Officer, Benipur, Darbhanga, under the provisions of the Bihar Public Land Encroachment Act, 1956 (hereinafter referred to as the “Act, 1956”), dt. 02.8.2021, in connection with Encroachment Case No. 23 of 2011-12, by which the petitioner has been directed to remove the encroachment by 10.08.2021. The petitioner has also sought quashing of memo dated 28.12.2022, issued by the Circle Officer, Benipur, whereby and whereunder the petitioner has been asked to submit evidence within three days regarding his right, title and interest over the land in question, in view of the fact that the copy of khatiyan, submitted by the petitioner, upon being verified from the District Record Room, Darbhanga, has not been found to have been issued from the District Record Room, Darbhanga and the same is forged.

2. At the outset, it would be apt to point out that several interlocutory applications have been filed in the present case, out of which, while I.A. No. 2 of 2023, I.A. No. 3 of 2023 and I.A. No. 4 of 2023 have been filed by the petitioner, I.A. No. 1 of 2023 has been filed by the brothe

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