SITA RAM BISI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This Writ Petition (PIL) has been preferred by the petitioners against the action on the part of the Sarpanch of Gram Panchayat, Tora, Tahsil Baramkela, Distt. Raigarh (CG) whereby the Sarpanch has started construction of Panchayat Bhavan on the Khasra No. 720, wherein a school is situated and the place where construction is being done, flag hoisting on Independence day and Republic Day and other activities are done by the school.

(2.) Case of the petitioners, in brief, is that petitioner No. 1 Sitaram Bisi is son of late Tapi Bisi and late Tapi Bisi was only daughter of Alabati (in some documents, name is mentioned as 'Kalabati'). Alabati was recorded owner of Khasra No. 720 of village Tora. After death of Alabati in the year 1975-76, late Tapi Bisi succeeded the land. With the consent of Alabati and villagers, the land was handed over to the School Education Department for better education of children. A school building was constructed over the land. Some part of said land is used for playground and other activities by the students. But Sarpanch has started construction of Panchayat Bhavan in that place illegally and without any authority. The petitioners and other villagers made complaint to the authorities in this regard, but it went in vain. Hence, they have filed present writ petition.

(3.) Return has been filed on behalf of respondent No. 8, wherein it has been stated that village Tora is situated in a low lying area, which is in close proximity of Mahanadi river and Hirakund dam. In rainy season, flood devastates the nearby villages and village Tora is totally submerged in water. The land in question is situated at higher ground level and therefore, in the interest of villagers of the village, to provide them relief and other help during flood time, alleged Panchayat Bhavan is being constructed after seeking necessary approval from the Collector, Distt. Raigarh. It has been further stated that respondent No. 8 is not staking any claim over the land in question and if it is directed by this Court, the respondent no. 8 is ready to hand over the building to whosoever, as is directed by the Court.