PIPILIPALI PRIMARY SCHOOL Vs. STATE OF ORISSA

JUDGEMENT

(1.) THERE was a dispute between the two groups of villagers regarding the location of the Lower Primary School (hereinafter referred to as the 'School'). Originally a school named Pipilipali Primary School was functioning in Bhagavat Tungi. In view of some dispute a section of the backward class villagers set UP another school named Indira Gandhi Smaraki Adivasi Harijan Gram Mangal L.P. School 'on a plot of land gifted by one Govinda Charan Barik. Ultimately a peace committe was formed to resolve the said dispute. The said peace committee along with Government official, took a decision that the Lower Primary School of the village will function on a third plot situated at the centre of the village. Lingaraj Sahoo through whom the present writ petition has been filed was signatory for the said decision. In accordance with the said decision a plot of land was donated by one Bhagirathi Bhoi in favour of the Chairman of the Panchayat Samiti, Bargarh on March 25, 1988 (hereinafter referred to as the 'Agreed plot'). The Add. District Magistrate, Bargarh 'by his memo dated April 18,1994 asked the Block Development Officer, Bargarh to start the work of construction of school building on the said agreed plot However, contrary to the direction of the Add District Magistrate, the Block Development Officer, Bargarh stopped construction of the school building on the agreed plot and took steps to construct on one of the disputed plots. Against the said decision Govinda Chandra Barik filed O.J. C. No. 4378/95. By judgment and order dated April 4, 1996 this Court allowed the said application and directed to take immediate steps to proceed with the construction of the school building on the agreed plot gifted by Bhagirathi Bhoi.

(2.) PIPILIPALI Primary School through one Lingaraj Sahoo Chairman of the Managing Committee has filed this writ application for a direction to opp. parties 1 to 4 to release and/or grant further funds to complete construction of the Petitioner's school on the plot where the school was first situated. It has been alleged in this writ application that Govinda Chandra Barik obtained earlier order in O.J. C. No. 4378/95 by misleading this Court and without impleading the Managing Committee of the present Petitioner.

(3.) THE writ application is accordingly disposed of.