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 brother of the petitioner namely Sri. S. M. Naiyer Imam, seeking to intervene in the present case for being impleaded as Respondent No. 7. In fact, the order dated 03.04.2023, passed in the present case, would show that a copy of I.A. No. 1 of 2023, filed by the proposed intervenor respondent, has already been handed over to the learned counsel for the petitioner. The learned Senior Counsel / counsels for the parties hold a unanimous view to the effect that technicalities should not come in the way of imparting justice, hence, all the interlocutory applications may be allowed. Accordingly, I.A. No. 1 of 2023, I.A. No. 2 of 2023, I.A. No. 3 of 2023 and I.A. No. 4 of 2023 are allowed. The registry shall add the additional prayers made in I.A. No. 2 of 2023, I.A. No. 3 of 2023 and I.A. No. 4 of 2023 to the prayer portion of the main writ petition as well as depict proposed intervenor of I.A. No. 1 of 2023 as Respondent No. 7 to the present writ petition.

3. The learned Senior Counsel for the petitioner had also submitted that the pleadings are complete in the present case and the petitioner does not wish to file any reply to I.A. No. 1 of 2023, inasmuch as the same is formal in nature and the averments already pleaded by the petitioner in the writ petition, interlocutory applications and the supplementary affidavits etc., filed in the present case, are more than sufficient. In fact, the learned counsel for the Respondent-State had also submitted that the counter affidavit, filed by the District Magistrate, Darbhanga, is sufficient to deal with all the interlocutory applications. Similarly, no inclination has been shown by the learned counsel for the intervenor respondent to file any further affidavit. It had been unanimously submitted at bar by the learned Senior Counsel for the petitioner and the learned counsels for the Respondents including that of the intervenor Respondent that the present case be heard on merits and it be decided finally. Thus the learned Senior counsel for the petitioner/learned counsels for the Respondents were heard at length on 17.4.2023 and the judgment was reserved.

4. Thus, in nutshell, the petitioner has prayed for quashing the notice dated 2.8.2021, issued by the Circle Officer, Benipur, the memo dated 28.12.2022, issued by the Circle Officer, Benipur, the letter dated 28.2.2023, issued by the Circle Officer, Benipur to the Collector cum District Consolidation/Settlement Officer, Darbhanga, to cancel Case No. 316 of 2006, the order dated 02.03.2023, passed by the Circle Officer, Benipur under Section 6(1) of the Act, 1956, declaring the land in question to be a public land and the joint inspection report dated 28.3.2023.

Facts of the Case:

5. The brief facts of the case, according to the petitioner, are that earlier notice was issue