This writ petition, which was moved as far back on March 22, 1978, was kept pending before this court for about nine years, is being disposed of today, even in the absence of the State Advocate, although an affidavit in opposition has been filed on behalf of the Special Revenue Officer, Grade-II on September 6, 1978, dealing with some factual statements made in the instant writ petition, which I shall deal hereinafter. The facts of this writ petition are not disputed.

2 In the said affidavit-in-opposition no new fact has been stated except the fact which are borne by records of 5A proceeding and the consequent appellate orders and the present reopening proceeding by the Revenue Officer, as such, the said affidavit-in-opposition, in my opinion, has no informative value for the purpose of disposal of this petition.

3. It is the case of the writ petitioners that one Ram Kinkar Roy (since deceased), dedicated certain properties to his ancestral deities, Sri Sri Balaram Jew, Sree Sree Kanal Jew and Sri Sri Narugopal Jew and the income of the said properties were meant to be “exclusively” used for seva-puja of the said deities. The said Ram Kinkar Roy also executed a “Will” on August