Mohit Kumar Shah, J.—The present writ petition has been filed for quashing the order dt. 07.08.2023, passed by the Circle Officer, Gaya Town, in connection with Encroachment Case No.11 of 2016-17 whereby 14 persons, including the petitioners have been declared to be encroachers of public land. The petitioners have also prayed for quashing the order dated 14.09.2023, passed in Encroachment Appeal Case No.14 of 2023, by the District Magistrate, Gaya, whereby and whereunder the appeal filed by the petitioners against the order dated 07.08.2023, passed by the Circle Officer, Gaya Town, in Encroachment Case No.11 of 2016-17, has been rejected and the Circle Officer, Gaya Town has been directed to remove the encroachment in question.

2. The brief facts of the case, according to the petitioners are that the petitioners are in possession of a piece of land appertaining to Khata No.127, Plot No.266 (admeasuring 1232 sq. feet), Plot No.267 (admeasuring 4620 sq. feet), Plot No.267 (admeasuring 2750 sq. feet) and Plot No.302 (admeasuring 639 sq. feet), situated at village-Nawgarh, P.S.-Chakand, District- Gaya. It is submitted that the ancestors of the petitioners used to pay rent to Captain Maharaj Kumar Gopal Sharan Narayan Singh Saheb Bahadur, who, by way of assignment through registered deed of assignment dated 15.09.1940 became owner of the land in question. It is also stated that the revisional survey authorities had committed some errors, leading to the plot in question being recorded as Anabad Bihar Sarkar.

3. The learned senior counsel for the petitioners has, at the outset, submitted that the petitioners along with two other persons have filed a title suit, bearing Title Suit No.129 of 2017, which is pending adjudication before the learned Court of Principal Sub-Judge-1st, Gaya for declaration of right, title and possession of the petitioners over the land in question, in which the petitioners have also filed a petition for grant of injunction, thus, it is submitted that the petitioners should not be disturbed of their possession over the land in question, till the final outcome of the aforesaid title suit, filed by the petitioners. Reference in this connection has been made to a judgment rendered by a co-ordinate Bench of this Court in the case of Nagendra Mistry vs. State of Bihar & Ors., reported in 2000 (1) PLJR 209, as also upon the one rendered by a co-ordinate Bench of this Court in the case of Md. Jamalluddin & Ors. vs. the State of Bihar & Ors. reported in 2010 (2) PLJR 518.

4. Per contra, the learned counsel for the respondent-State has submitted, by referring to the counter affidavit filed in the present case, that in the Revisional Survey record of rights, the aforesaid land in question stands recorded as ‘Anabad Sarb Sadharan” and in the said records, neither the name of the petitioners nor their ancestors are recorded, showing them to be in possession of the land in question. It is further submitted that on the basis of the report submitted by the Anchal Amin, encroachment proceedings were initiated by the Circle Officer, Gaya Town, Gaya, vide Encroachment Case No.11 of 2016-17, whereafter notices under Section 3(1) of the Bihar Public Land Encroachment Act, 1956 (hereinafter referred to as the ‘Act, 1956’) were issued to the petitioners and others whereupon spot inspection was made by the Circle Officer, Gaya Town along with Halka Karmchari and Anchal Amin, as also the encroachers were directed to produce documents, if any, to show their right, title and interest over the land in question, by filing their showcause. However, the petitioners, instead filed a copy of the plaint of the aforesaid Title Suit No.129 of 2017, pending before the learned Court of Sub-Judge-I, Gaya, but did not produce any order of injunction, hence the Circle Officer, Gaya Town had passed the final order under Section 6(1) of the Act, 1956 on 07.08.2023, whereafter notices were issued to the encroachers including the petitioners under Section