Judgment S.J.Mukhopadhaya, J. 1. In a land encroachment proceeding, by order dated 20-11-91, Sub-divisional Officer, Darbhanga declared the petitioners as encroachers over the land in dispute and asked to remove encroachment. The appeal preferred by petitioners, was also rejected by order dated 8-3-1996 giving rise of this writ petition. 2. The dispute relates to Plot Nos. 10557 to 10568,10594 to 10598,10601 to 10611 having area of 18 kathas 17 dhurs 50 degrees in the town and district of Darbhanga. 3. According to the petitioners, the land in dispute originally belonged to Maharaja of Darbhanga. One M/s. Darbhanga Properties (Private) Limited, a company registered under the Companies Act, 1956 in its business to deal with the properties acquired 17 bighas 3 kathas 15 degrees of land mostly comprising pucca buildings and structures standing thereon from Darbhanga Raj through registered sale-deed dated 6-2-1962. The dispute plot Nos. 10559 to 10568 having an area of 9 kathas 9 dhurs 84 degrees was properly known as "Bullock shed of Raj Darbhanga", which was also purchased vide aforesaid sale-deed. The name of M/s. Darbhanga Properties (Private) Limited was mutated in the Revenue Records, Jamabandi was created and Municipal Holdings were also created in favour of Company. The Company became absolute owner and came in actual possession. The Board of Directors used to look after the state of affairs of the Company of which one Dwarka Nath Jha was the Director-in-Chief. Late Maharajadhiraja of Darbhanga had vested real Estate Properties including the disputed land, who earlier executed a will and appointed late Pandit Lakshmi Kant Jha, Ex-Chief Justice of Patna High Court as the sole Executor of the will. Subsequently, Maharajadhiraja died on 1-10-1962 leaving behind two widows and three nephews and left behind vast properties movable and immovable situated at various places. Subsequently, in terms with Clauses 5(A) of the will three persons, namely, Pandit Lakshmi Kant Jha, Pandit G.M. Mishra and Ojha Mukund Jha were made trustees followed by Madan Mohan Mishra, Dwarka Nath Jha and Kam Nath Jha, who are present trustees of residuary estate. The sole executor obtained a probate of the will aforesaid from the High Court of Judicature at Fort William, Calcutta on 26-9-1963. The sole executor obtained a probate of the will aforesaid from the High Court of Judicature at Fort William, Calcutta on 26-9-1963. The District Magistrate by his order No. 1835/L dated 16-8-1975 under Sec. 23(2) of the Defence of India Act, 1971 conveyed to the then executor the decision to requisition lands and buildings of the estate of Raj Darbhanga for establishment of University. The then executor late Pandit L.K. Jha then moved before this Court in writ petition C.W.J.C. No. 1786/75. During the pendency of the writ, for avoidance of litigations and because of some intervention of some well-wishers, a settlement was arrived between the then executor and Government of Bihar on 12-9-1975. In terms with Clauses 5 of the agreement, the properties belonged to trust for benefit of Maharani and family members, Darbhanga Properties (Private) Limited and some other lands were excluded from acquisition proceeding. The memorandum of settlement having force of irrevocable agreement was reached on 12-9-1975. In the light of aforesaid agreement, the order contained in letter dated 16-8-1975 was withdrawn and the writ petition C.W.J.C. No. 1786/75 was withdrawn. The trustees of Darbhanga Raj handed over 133 acres of lands and buildings to L.M. Mithila University. Land acquisition case was to proceed formally with respect to such land, already handed over. Subsequently, when notice under Sec. 9 of the Land Acquisition Act was served, the trustees of Raj Darbhanga filed objection, which was rejected. Thereafter Administrator of Raj Darbhanga filed another writ petition before this Court in C.W.J.C. No. 976/79 to quash the notice in L.A Case No. 16 of 1977-78, which was allowed by a Division Bench on 9-8-1979. Subsequently, the Company i.e. M/s. Darbhanga Properties (Private) Limited also reached agreement on 19-7-1982 with the Registrar of L.N.M. University with regard to 6 bighas 13 kathas and 7 dhurs of land for a consideration of Rs. 6,51,000.00 with the understanding that they will withdraw other land acquisition cases. According to the petitioners, subsequently, in pursuance of land acquisition cases, the properties as mentioned in the agreements aforesaid were acquired, the University having possession over the same. So far as the land in dispute is concerned, according to the petitioners, the lands having bullock shed were not the property shown in the agreement, nor acquired in pursuance of any land acquisition case. So far as the land in dispute is concerned, according to the petitioners, the lands having bullock shed were not the property shown in the agreement, nor acquired in pursuance of any land acquisition case. The Company, namely, M/s. Darbhanga Properties (Private) Limited executed different sale-deeds in between 17th and 29th October, 1990 and sold the disputed lands to the Petitioners Co-operative Society. By three sale-deeds executed in favour of the petitioners, by which 9 kathas 9 dhurs 84 degrees of land (bullock shed) out of Plot Nos. 10559 to 10568 and two sale-deeds executed in favour of the petitioners 7 kathas 11 dhurs 15 degrees out of Plots Nos. 10558. 10419, 10595 to 10598, 10602 to 10604 were executed on 26-10-90, 17-10-90, 29-10-90, 17-10-90 and 27-10-90. After such sale-deeds, the petitioners came in possession over the land in dispute and mutated their name. Thereafter plots were carved out by the petitioners society and allotted to different members. 4. The main stand taken by the petitioners was that the land in dispute being not a public land and the petitioners having right, interest and title over the same, the land encroachment proceeding was not maintainable. Further, according to the Counsel for the petitioners, even if it is presumed that the land in dispute was acquired and award was prepared, after vesting no possession having been taken by the Government of Bihar or the University, title had not passed on the respondents. Reliance was placed on Supreme Court decision in the case of Balbant Narayan Bhagde V/s. Md. Bhagwat and Ors. -- and decision of this Court in the case of Ram Bahadur Thakur V/s. State of Bihar and Ors. 1986 PL.J.R. 959. 5. According to the respondents, the University was given possession over 133.375 acres of land along with building and structures thereon immediately at the time of agreements. The Land Acquisition Proceeding in L.A. No. 3 of 1977-78 was completed and award prepared in terms with the said agreement thereby award was followed by possession. The Company had no right and title to sell the land in dispute to the petitioners and they being encroachers, the encroachment proceeding was maintainable against them. 6. The Land Acquisition Proceeding in L.A. No. 3 of 1977-78 was completed and award prepared in terms with the said agreement thereby award was followed by possession. The Company had no right and title to sell the land in dispute to the petitioners and they being encroachers, the encroachment proceeding was maintainable against them. 6. From the aforesaid stand taken by the parties, the question to be determined in this case is whether the land in dispute belonged to University of which possession was given at the time of agreement, followed by an award in pursuance of a Land Acquisition Proceeding or not. To find out the aforesaid issue, this Court asked the Counsel for the respondent University to address the Court on the aforesaid issue, but the Counsel could not lay hand on any document/evidence to show that the land in dispute was part of the. award or the agreement, except the observation made by the authorities in the impugned orders. 7. The agreements dated 12th September, 1975 and 19th July. 1982 are on records of Annexures-2 and 4 to the writ petition, but in those agreements, there is no mention of any plot number, nor it relates to any bullock shed. 8. The photo copy of plaint of one Suit No. 23 of 1992 preferred by trustees of Darbhanga Raj against the University was produced by the Counsel for the petitioner before this Court. In the said suit, the certain lands/property shown to be the acquired in favour of the University and the disputed land of the said suit was shown at Schedule B. However, from the said plaint, it is not clear that the present land in dispute was part of the award. 9. From the aforesaid fact, 1 find, it is not possible for this Court to give a specific finding relating to claim and counter-claim as made by the parties. In the case of Card Board Products (Gomia) and Ors. V/s. State of Bihar and Ors. 1994 (1) PLJR 99, this Court held that where exists the disputed question of title, the summary proceeding under the Bihar Public Land Encroachment Act, 1956 may not be suitable remedy. As in the present case, I find that there is a disputed question of title, according to me, the respondents should not have proceeded in the matter under a summary proceeding. 10. As in the present case, I find that there is a disputed question of title, according to me, the respondents should not have proceeded in the matter under a summary proceeding. 10. For the reasons aforesaid, I set aside the impugned order dated 20-11-1991. As well as, the appellate order dated 8-3-1996. However, this order will not stand in the way of respondents to move before a Civil Court for appropriate relief in accordance with law, if there is any merit in their claim. 11. The writ petition is allowed, with the aforementioned observations/directions. However, on the facts and circumstances, there will be no order as to costs.