3. Heard the learned counsel for the parties and perused the copy of the ordersheets of BPLE Case No. 01/2020-21 annexed with the counter affidavit. It appears that the said land encroachment proceeding was initiated by the respondent no. 4 on 25.07.2020 and a notice was issued to the petitioner. The said case was thereafter ordered to be put up on 31.07.2020. On 31.07.2020, the respondent no. 4 again ordered for issuance of notice to the petitioner. On the said date, the petitioner appeared before the respondent no. 4 and stated in writing that he had constructed a shop and boundary wall over the land in question under the presumption that the same was a raiyati land. The case was thereafter taken up on different dates i.e., on 05.08.2020 and 06.08.2020, wherein it was observed by the respondent no. 4 that the alleged encroachment made by the petitioner was not removed. Thus, vide order dated 06.08.2020, another notice under Section 3 (Form-1) of the Act, 1956 was issued to the petitioner. The respondent no. 4 thereafter vide order dated 13.08.2020 observed that the notice dated 06.08.2020 was refused to be accepted by the petitioner despite the fact that vide said order, he was directed to appear along with the revenue documents on 13.08.2020. Hence, another notice was ordered to be issued under Section 3 (Form-1) of the Act, 1956 on the said date. It appears that thereafter though the case was taken up on different dates, however, no order as required under Section 6 of the Act, 1956 was passed by the respondent no. 4. The last notice in this regard was issued to the petitioner vide letter no. 911 dated 03.09.2020.
