RAMJI GOPE Vs. STATE OF BIHAR

JUDGEMENT

(1.) THESE matters have come for examination of the Court on several proceedings, on C.W.J.C. No. 1471 of 2001. These proceedings were on

(2.) 2.2001, 8 August, 2001, 16 August, 2001, 27 August, 2001. In C.W.J.C. No. 9239 of 2001 there were proceedings on 23 April, 2001, 24 April, 2001 and 8 August, 2001. On some occasions the record of two writ petitions were taken up together. The Court discovered during course of proceeding that there was yet another record relating to the subject matter whether the property in dispute is a public charitable trust or a public land or a private temple. There was another record on the same subject matter. This was C.W.J.C. No. 12926 of 2000 filed by Yuva Kala Manch through one Bijeet Kumar Bannerji against the State of Bihar and others. 2. C.W.J.C. No. 1471 of 2001 has two petitionersone is Ramji Gope and other is Manju Banerjee. Manju Banerjee is no other person than the sister -in -law of Bijeet Kumar Baneerji. She is the wife of one Ranjit Banerjee. Both Bijeet Bannerji and Ranjit Banerji are the sons of R.N. Banerji. The last writ petition C.W.J.C. No. 9239 of 2001 has been brought by one Vijay Narayan Prashant. He describes himself as an ex -member of the Legislative Assembly and working President of Rashtriya Chetna Parishad. In this petition there are several respondents. There is one respondent who apparently seems to be common to all the three petitions. This is one Ram Sakal Singh Yadav. Ram Sakal Singh Yadav was also respondent in yet another petition. The 4th petition was brought by one Babulal Paswan.

(3.) THE record of this petition is C.W.J.C. No. 555 of 1978. This was decided on 8 December, 1978. This petition refers to a title suit having been filed in the matter relating to the same property. There were three title suits: (a) T.S. No. 23 of 1954. This gave rise to Title Appeal No. 39/1 of 1978. (b) Then there was a T.S.No. 136 of 1946. (c) Then there was a Title Suit No. 151/23 of 1948/54 revealing that another proceeding perhaps was merging whereas the suit was decreed by a judgment and decree dated 8 August, 1955, applications for setting aside the decree being Misc. Case Nos. 113/55, 17/58 and 88/58 were all dismissed. One Miscellaneous appeal travelled up to the High Court and was dismissed on 6 December, 1960. There was proceeding before the revenue court also. T.S.No. No. 136 of 1946 was decreed in terms of compromise, (d) Yet another T.S.No. 29/9 of 1976 -77 which was filed to set aside the compromise decree was dismissed on 24 February, 1978 and an appeal as Title Appeal No. 39/1 of 1978 was dismissed on 24 June, 1978 by Additional Subordinate Judge -IX of Patna.