- (1.) The Plaintiffs, who are the Appellants, having lost in two courts below, have filed Second Appeal against the concurrent findings of learned two courts below.
(2.) The Plaintiffs-Appellants had filed suit in the representative capacity praying for declaration that the road around Bagakudar Lake is a public road and the TISCO had no right to obstruct the passage. They had also prayed for decree for permanent injunction restraining the defendant from obstructing passage of public around the said lake on foot or through vehicle.
(3.) According to the Plaintiffs, there was public circular road, running around a lake known as 'Bagakudar Lake', which is within the Jubilee Park of Jamshedpur. The people of the area had been using the said road since the time immemorial. Vehicles were also plying on the road. The road was also used by the public for going to the river side, Bagakudar Lake, Circuit House area and Sonari Basti. A Park known as 'Jubilee Park' came up during the period 1955-58 on the occasion of Golden Jubilee of TISCO. The defendant No. 1 started digging foundation for erecting wall with pillars on both sides of the road in January, 1992 to obstruct the road around Bagakudar Lake with a view to install two iron gates. The local people including Plaintiffs objected to the said construction and a dispute arose leading to proceeding under , but the defendant was able to install two iron gages at the said point in order to block the public thoroughfare around the Bagakudar Lake. The defendant had no right over the land as the lease granted to the TISCO expired and the land vested in the State of Bihar.;