S.N.Hussain, J.

1. An intervention petition has been filed by M/s Vijay Kumar, Anil Kumar, Bashisth Narain Srivastava and Parmanand Prasad in the instant case on 24.1.2006 in representative capacity of the users and beneficiaries of the Hardinge Park as they are vitally concerned with the ecological necessity, public requirement and situational importance of the Park. Neither any counter affidavit has been filed to the said petition, nor any objection has been raised thereto by any of the parties. This court also finds it desirable to implead the said intervenors in this case in the larger interest and for proper adjudication of the matter involved. Hence the intervention petition is allowed and the said intervenors are added as respondents no. 7 to 10 in the instant writ case.

2. This writ petition has been filed by the Hardinge Memorial Fund Trust through its Secretary for quashing order of the Collector, Patna (respondent no. 5) dated 7.10.2005 (annexure-1) as well as the follow up letter issued by the Anchal Adhikari, Patna Sadar, Patna dated 14.10.2005 (annexure-2) and also for directing respondents no.1 to 6, who are the State of Bihar and its authorities, not to disturb the possession of the petitioning trust over 22.82 acres of land of Hardinge Park and if it is found dispossessed from any part there of to restore the possession of 22.82 acres of land of Hardinge Park to the petitioning trust.

3. The facts of this case covers a period of over ninety years and hence they have become a bit complicated and require clear appreciation. Admittedly the land involved in the case measured 24.30 acres of Government Estate land situated on either side of the Hardinge Road, Patna under village-Mithapur, P.S.-Phulwari, Thana No. 19, Pargana Azimabad in the district of Patna which came under Ward A of the Patna Administration Committee area, now Patna Municipal Corporation. However, since survey plot number, khata number and Tauzi number of the said land were not fixed, it has been described by its boundaries which are as follows:-

South- East Indian Railway Line.

West- Surpentine ditch which runs through the New Capital site.

North- a land allocated for the Sanitary Institute.

East- Compound of the Patna Post and Telegraph Officer.

4. It is also not disputed that to commemorate the visit of the Viceroy Lord Hardinge a Committee known as Hardinge Memorial Committee was constituted by the authorities of the State on 28.9.1913 with Hon ble Maharaja Bahadur Sir Rameshwar Singh, C.C.I.F., K.B.F., of Darbhanga as its President and M/s Sarferaj U.Khan, Krishna Sahay and Sachchidananda Sinha as its Hon ble Joint Secretaries. As per the aforesaid decision a deed of grant dated 8.9.1915 (annexure-10) was executed by the Collector on behalf of the Secretary of State for India in Council in favour of Hardinge Park Committee for grant of the above mentioned 24.30 acres of land by the Local Government for establishing a public park as Hardinge Park to be maintained by the Committee. The terms "Collector on behalf of the Secretary of State" as well as "Hardinge Park Committee" included their respective successors, assigns and representatives in interest. Thereafter, the said Hardinge Park was developed and was opened for general public on 31.1.1916 by the then Lieutenant Governor of Bihar and Orissa Sir Edward Gait.

5. After the original members of the Committee died, some of the surviving original subscribers and some of the representatives of the deceased original subscribers to the Hardinge Memorial Fund convened a meeting on 17.11.1934 (annexure-3) resolving that the "Hardinge Memorial Committee" constituted on 28.9.1913 stands dissolved and "Hardinge Memorial Fund Trust" is created as its successor under the registered deed for the maintenance of the Park in which the following nine persons were made trustees:-

(i) The Commissioner of the Patna Division, ex-officio.

(ii) The Chief Engineer, to the Government of Bihar and Orissa, Road