RAJESH SHANKAR, J. - (1.) Learned counsel for the petitioners submits that the defect(s), as pointed out by the office, has/have already been removed.
(2.) The present writ petition has been filed for issuance of writ of certiorari for quashing the impugned notices issued to the petitioners vide Memo No. 18 dated 9th January, 2018 (Annexure-2 series to the writ petition), whereby the respondent no. 3 has asked the petitioners to vacate the land pertaining to Mouza Bundu, Thana No. 21, Khata No. 44, Plot No. 275, area 1.10 acres and the land pertaining to Khata No. 46, Plot No. 276, area 1.05 acres i.e. total area 2.15 acres.
(3.) Learned counsel for the petitioners submits that the petitioners have been in possession of the land in question for about 50 years by virtue of registered sale deeds executed in their favour. However, the respondent authorities have been disturbing them periodically. The petitioners have also filed a suit, being Original Suit No. 14 of 2016, in the court of learned Civil Judge, Senior Division, Bermo at Tenughat against the district authorities for declaration of their valid right, title and possession over the land in question. Despite the said fact, the Circle Officer, Petarwar (respondent no. 3) vide impugned notices dated 9th January, 2018 has directed the petitioners to remove the alleged encroachment from the land in question. The respondent no. 3 prior to issuance of impugned notices did not afford any opportunity of hearing to the petitioners.;