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 summa