DEITY BABA BABHUT Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellants have challenged order dated 15.9.1998, passed by a learned Single judge of this Court in C.W.J.C.No. 139 of 1989, by which the writ petition filed by them against the orders of ceiling authorities declaring 56.60 acres of their land as surplus land of Both Gaya Math, has been dismissed.

(2.) The relevant facts may be noticed. According to the appellants, Bakrour Math was founded by Mahanth Bhabut Nath. From time to time, lands were acquired for the Math by him as well as by his successors. Their names were also registered in the Collector's records. In course of time, Bakrour Math acquired lands in three villages, namely, Bakrour, & Hariharpur (Awana) in Bodh Gaya Police Station, and Brahmamoria in Sherghatty Police Station of Gaya district. In the year 1912, Krishna Dayal Giri, Mahanth of the then Bodh Gaya Math, filed Title suit no. 329 of 1912, against Mahanth of Bakrour Math, namely, Goswami Laldhari Giri for his removal from the Bakrour Math on the ground of mismanagement of Math. The title suit was dismissed on 9.8.1914 by Subordinate Judge, Gaya, holding that as Bodh Gaya Math and its Mahanth had no concern with the properties of Bakraur Math, he had no right to interfere with its management. Thereafter T.A. No.432 of 1914 preferred by Mahanth of Bodh Gaya Math was also dismissed on 15.5.1917. In the year 1950, one Harihar Giri, Mahanth of Bodh Gaya Math, filed Title Suit No.23 of 1950 in the court of Sub-Judge, Gaya, against State of Bihar for declaration that the properties described in the schedule of the plaint was his personal property. The suit was transferred to this Court for trial and was registered as Title Suit No.129 of 1953. This court rejected the claim of the plaintiff and dismissed the suit. The plaintiff carried an appeal to the Hon'ble Apex Court giving rise to the Civil Appeal No.484 of 1957. In the appeal before the Hon'ble Apex Court, a compromise was arrived at between the Mahanth and the State of Bihar and a compromise petition was duly filed by the two parties on 24.4.1957. The Hon'ble Apex Court decreed the appeal in terms of compromise arrived between the Mahanth and the State of Bihar. The relevant extract of compromise petition mentioned in paragraphs (i), (ii) and (iv) are quoted herein below:

(3.) Mr. K.N. Choubey, learned Senior counsel for the appellants has assailed the impugned order on the ground that the learned Single Judge committed an error of record in observing that 56.60 acres of land spread over the three villages, namely, Bakrour, Hariharpur within Bodh Gaya P.S. and Brahmamoria within Sherghati P.S., formed part of land attached to the schedule in the compromise petition filed in the Hon'ble Apex Court in Civil Appeal No.484 of 1957. He asserts that in fact no land pertaining to village Hariharpur and Brahmamoria have been mentioned in the schedule attached to the compromise petition. He submits that at serial no.366 only some lands of Bakrour village has been shown in the schedule attached to the compromise petition. He further submits that out of 56.60 acres of land, 20.6 acres belong to village Hariharpur, 24.08 acres of land are in village Brahmamoria within Shergahti P.S., and rest of the lands fall within village Bakrour. Thus, he submits that the learned Single Judge has committed an error of record in holding that even land pertaining to village Hariharpur and Brahmamoria formed subject mater of land in the compromise petition in the Hon'ble Apex Court. He submits that in any view of the matter, decision in terms of compromise would not be an adjudication and would not bind a third party.