TAPEN SEN, J. - (1.) HEARD the parties.
(2.) IN the instant case, the petitioner has prayed for issuance of a writ of mandamus commanding upon the respondent authorities to pay perpetual annuity fixed by the State of Bihar under the Land Reforms Act at the rate of Rs. 25,602.65 per annum since the date of vesting after deducting the interim payments made to the petitioner to the rate of Rs. 1750/ - per annum which was paid till 31.3.1974. They have further prayed for a declaration declaring that the authorities are liable to pay interest at the rate of 18% per annum and to pay interim amount with effect from 1.4.1974 till the date of payment together with interest thereon. The case of the petitioner, namely, Brojo Bala Trust is that it is a Trustee which was called the Brojo Bala Trust Estate and it was created by the Maharani of Hatampur in the District of Birbhum. The petitioner claims to hold power of attorney on behalf of the other trustees. Here at this stage it would be relevant to take note of an intervention application (i.e., I.A. No. 148 of 2002) that has been filed by one Medhabi Ranjan Chakraborty claiming himself to be one of the trustees and in the intervention application he has made a prayer that he should be added as a petitioner supporting the writ petitioner. Mr. M.M. Banerjee, learned counsel appearing for the petitioner has no objection to the aforesaid prayer. Similarly, Mr. R.S. Majumdar, learned Government Advocate also does not object to the aforementioned application filed by the intervener applicant, consequently, the application for intervention of Madhabi Ranjan Chakraborty is allowed and he is treated to be a petitioner alongwith the existing petitioner.
(3.) ACCORDING to the petitioners, the aforementioned Maharani had executed the trust deed in which the petitioner alongwith others were appointed as Trustees some time in the year 1895. The properties vested in the Trustees for various charitable and religious purposes and there was a provisions of worship of the deity of Sri Gouranga Mahaprabhu. Consequently a temple was installed where charitable and religious functions, e.g., Ratha Yatra, Holl, Jhulan and other associated celebrations of the birth day of Lord Gouranga Mahaprabhu were performed.;