JUDGMENT :

A.K. Rath, J.

This is a plaintiffs’ appeal against affirming judgment. The suit was for declaration that the order dated 25.07.1985 passed by the Collector & District Magistrate, Cuttack, defendant no.2, as null and void and permanent injunction.

2. The plaintiffs instituted a suit in the representative capacity for and on behalf of the Ghatias of Baideswar Ferry Ghat. It was pleaded that the river Mahanadi is flowing from west to east in the Banki Sub-Division near Baideswar. Baideswar is situated in southern side of Mahanadi. Baramba Tahasil is situated opposite to it in the northern side. There is hillock in the river Mahanadi known as Singhanath Mundia. To the south and hillock, jurisdiction of Banki begins. Due to the peculiar geographical situation, different ferry ghats were originated to cross the river from time immemorial. In the southern side of the river Mahanadi from west to east, Baideswar, Sampur, Kurumchain, Ranapur, Bedapur and Karban ferry ghats are existing. All these ghats are private ghats. The same were registered under Sec. 22 under Bengal Ferries Act (Act 1 of 1885) which was published in Calcutta Gazette Part-1-B dated 21.3.1888. Baideswar ferry gha