Paritosh Kumar Mukherjee, J. - (1.) 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 to 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 4, 1950, corresponding to Sraban 1357 B.S. before his death. The said Will provided that in the event he is not being able to execute Arpannama, his sons, namely, Ram Prasanna Roy, Radhika Prasanna Roy, Pineki Ranjan Roy, Arun Kumar Roy and Sitangshu Kumar Roy were directed to execute the same and so on and so forth and he had appointed himself as "the first Shebait" of the said deities Ram Prasanna Roy and his five other brothers in token of reverence of the last desire of their father executed three Arpan-namaz on July 13, 1954, corresponding to Asar 1361 B.S. in favour of the said three deities dedicating the properties, which were "absolutely debuttar" in nature and registered the said documents on or about August 30, 1954.;