1. An order passed by the Collector, Samastipur on 17.8.2009 in Encroachment Appeal No. 125 of 2008 (Annexure-15) which has affirmed the earlier order dated 26.6.2006 passed by the Circle Officer, Dalsingsarai in Land Encroachment Case No. 22 of 2005-06 (Annexure-7) are under challenge in the present writ application. By virtue of the two orders the respondent authorities have directed removal of the encroachment from the land in question which has been found to be belonging to the railway authorities.

2. Some of the basic submissions which have been made at the bar by the learned Senior Counsel for the petitioners is that serious question of title cannot be adjudicated upon in a summary proceeding like Public Encroachment Act. The forum in such matter would be a civil court of competent jurisdiction as petitioners have been living on the piece and parcel of land, in a house constructed on the same, for more than 5-6 decades. The finding arrived at by the Circle Officer as well as the Collector, Samastipur that the land belongs to the railways was in absence of any valid evidence brought about to establish the right, title in favour of the railway authorities. In the summary proceeding the evidence produced by the petitioners, like the rent receipts and the entry in Khatiyan is enough to dispel or dislodge the findings recorded against the petitioners.

3. Some facts are required to be taken note of to understand the ambit of the dispute involved in the present writ application. The area in question is 66 decimals of land situated in Plot No. 58, Khata No. 58, in revenue Thana No. 73 located at Mouza Jayajpatti in Dalsingsarai Sub-Division. Petitioners stand is that in the cadastral survey the said land has been shown as gairmajrua khas which had been settled by the Ex-landlord namely, Babu Uma Shankar Prasad, in favour of the ancestors of the present petitioners. This was done prior to the vesting of the jamindari. The fact is also corroborated by grant of rent receipts in favour of Ragho Chaudhary and Awadh Chaudhary. The entry made in the cadastral survey khatiyan and the rent receipts have been annexed as Annexures-1 and 2 to the writ application.

4. It is also stated that Ex-landlord Babu Uma Shankar Prasad had submitted his Jamabandi return after vesting of the jamindari to the State of Bihar showing Ragho Chaudhary and Awadh Chaudhary as permanent settlee of the plot in question by taking najarana. Annexure-3 has been annexed with the writ application in support of the said pleading.

5. One Gauri Shankar Chaudhary started having tiffs with the petitioners since they happen to be neighbours. The said Gauri Shankar Chaudhary alleged that petitioners are encroachers of a public land and he got a proceeding initiated under Section 133 of the Code of Criminal Procedure before the Court of Sub-Divisional Magistrate. Later, he also decided to move the Circle Officer of Dalsingsarai for drawing up a proceeding under the Bihar Public Land Encroachment Act against the petitioners on the ground that the land in question belonged to the railways. But since nothing was done by the revenue authorities, the said Gauri Shankar Chaudhary filed CWJC No. 14353 of 2004. The writ application stood disposed of vide order dated 27.2.2006 with a direction that the matter will be looked into by the Circle Officer and decided in accordance with law. That is the origin of institution of Land Encroachment Case No. 22 of 2005- 06. The proceeding was held, rival positions of the parties were placed before the Circle Officer and an order dated 26.6.2006 came to be passed against the petitioners by the Circle Officer, Dalsingsarai, which is Annexure-7 to the writ application. Against the findings of the Circle Officer an appeal before the Collector, Samastipur was filed. The appeal was registered as Land Encroachment Appeal No. 125 of 2008. Even in the appeal, for the reasons indicated therein, the petitioners lost and were directed to vacate