IN THE HIGH COURT OF JUDICATURE AT PATNA SECOND APPEAL No.156 of 2021 ======================================================

1. Sri Vishnupad Bhagwan through his next friend Sri Kanhaiya Lal Gurda, Son of Late Radha Krishna Gurda @ Bachalal Gurda, Resident of Mohalla

12, Deoghat, P.S.-Civil Lines, Town and District Gaya.

2. Sri Kanhaiya Lal Gurda, Son of Late Radha Krishna Gurda @ Bachalal Gurda, Resident of Mohalla-Deoghat, P.S. Vishnupad, Town and District-

Gaya.

3. Ram Nath Gurda, Son of Late Ganga Vishnu Gurda @ Bachali babu, Resident of Mohalla-Deoghat, P.S. Vishnupad, Town and District-Gaya.

4. Som Nath Gurda, Son of Late Ganga Vishnu Gurda @ Bachali babu, Resident of Mohalla-Deoghat, P.S. Vishnupad, Town and District-Gaya.

5. Raju Lal Gurda, Son of Late Krishna Lal Gurda @ Guggu Lal, Resident of Mohalla-Deoghat, P.S. Vishnupad, Town and District-Gaya.

6. Ashok Lal Gurda, Son of Late Krishna Lal Gurda @ Guggu Lal, Resident of Mohalla-Deoghat, P.S. Vishnupad, Town and District-Gaya.

7. Sri Ram Gurda, Son of Late Krishna Lal Gurda @ Guggu Lal, Resident of Mohalla-Deoghat, P.S. Vishnupad, Town and District-Gaya.

8. Rajesh Katariar, @ Rajesh Lal Katariar Son of Late Narayan Lal Katariar, Resident of Mohalla-Deoghat, P.S. Vishnupad, Town and District-Gaya.

... ... Appellant/s Versus

1. The Bihar State Board of Religious Trust through its Special Officer, Vidya Pati Marg, Patna.

2. District Magistrate, Gaya.

3. Superintendent of Police, Gaya.

4. Sub Divisional Magistrate, Gaya.

5. Additional Collector, Gaya.

... ... Respondent/s ======================================================

Appearance :

For the Appellant/s : Mr. Kamal Nayan Chaubey, Sr.Advocate Mr. Ambuj Nayan Chaubey, Advocate Mr. Ray Saurabh Nath, Advocate Ms. Shalini Sinha, Advocate Ms. Manjari Nath, Advocate Ms. Ritu Priyadarshini, Advocate Mr. Dineshwar Pandey, Advocate Mr. Prashant Kumar, Advocate Mr. Shashank Shekhar Dubey, Advocate Mr. Kumar Kartikeyan, Advocate Mr. Anil Singh, Advocate For the Respondent/s : Mr. Ganpati Trivedi, Sr.Advocate Mr. Mohit Kumar, Advocate Ms. Aishwariya Shree, Advocate Mr. Shekhar Singh, Advocate ======================================================

CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA C.A.V. JUDGMENT Date : 19-01-2024 This Second Appeal has been filed against the judgment and decree dated 14.12.2020 and 22.12.2020 respectively passed by learned Additional District Judge 1, Gaya in Title Appeal No.45 of 1993 whereby the said title appeal was allowed on contest and thereby set aside the ex-parte order dated 11.06.1993 and decree dated 15.06.1993 passed by learned Subordinate Judge IV, Gaya in Title Suit No.38 of 1977 (60 of

1992) decreeing the suit of the plaintiffs/appellants.

2. The plaintiffs/appellants filed Title Suit No. 38 of 1977 for declaration that the Vishnupad temple is a private temple of Gayawal Brahmin having right to manage the affairs of the temple and worship in accordance with the right of Vaishnav of Madhawa Sampradaya and it is not a public temple to be governed by the provisions of Bihar Hindu Religious Trust Act, 1950 and as such the defendants have no right to interfere or bring change in the mode of doing worship. It is also prayed that the defendants be restrained permanently from interfering with the right and possession of the plaintiffs in any manner whatsoever even by formation of any committee.

3. As per the plaint, the original plaintiff nos. 1 to 4 i.e.

Sripati Lal Gurda, Govind Lal Gurda, Narayan Lal Katariar and Sadanand Gurda are Gayawal Pandas administering sufals and acting as priest to the Hindu Pilgrim visiting Gaya for the purpose of performing shraadh and pind dan to their deceased ancestors. They are numerous and cannot be conveniently named as parties in this suit and as such the plaintiff nos. 1 to 4 are instituting this suit in representative capacity under the provisions of Order 1 Rule 8 C.P.C. At Gaya, there is an ancient sacred place known as Sri Vishnupad Bhagwan joining as plaintiff no. 5 whi