- (1.) THIS Public Interest Litigation is filed for issuance of a direction forbidding the respondents from constructing the Panchayat Secretariat (Sachivalaya) at Mouza Chitarpur pertaining to Khata No.435, Plot No.4373, (Plot No. 4573 as per Khatian filed as Annexure A in the supplementary counter -affidavit) Mouza Chitarpur, which is exclusively earmarked as "Gochar land" in the Record of right and restraining the respondent nos.2 to 4 from making any construction over the said land and also quashing the orders that were passed for construction of the Panchayat Secretariat (Sachivalaya) on the said Gochar land.
(2.) THE petitioner claims that he is an agriculturist having large number of cattle including cows, buffalo and oxen. The case of the petitioner is that Plot No.4373 (Plot No. 4573 as per Khatian filed as Annexure A in the supplementary counter -affidavit) of Khata No.435, Mouza Chitarpur, is a "Gochar land", which is exclusively earmarked as "Gochar" in the record of right and is exclusively under the control and jurisdiction of His Excellency, Governor of Jharkhand and which cannot be in any way disturbed by any of the authorities of the respondents. It is further alleged that earlier on two occasions, encroachments have been removed from the said land under the order of the Sub -Divisional Officer, Dhanbad and the respondent -authorities had taken a decision to construct Panchayat Secretariat (Sachivalaya) over the said Gochar land. According to the petitioner, since Plot No.4373 (Plot No. 4573 as per Khatian filed as Annexure A in the supplementary counter -affidavit) of Khata No.435, Mouza Chitarpur, is a "Gochar land", the respondent -authorities cannot be allowed to construct Panchayat Secretariat (Sachivalaya) over the said Gochar land and the said land intended for cattle feed of Chitarpur area cannot in any way disturbed and therefore, the decision taken by the respondents to put up the construction is to be quashed and hence, this Public Interest Litigation.
(3.) THE respondents have filed counter -affidavit stating that in the record of right, i.e. Khatian, Khata No.435, Plot No.4373 (Plot No. 4573 as per Khatian filed as Annexure A in the supplementary counter -affidavit) is recorded as "Gothawar land" and at present the same is not in use for cattle field or for grazing purpose. The villagers in their Gram Sabha passed resolution to construct Panchayat Secretariat (Sachivalaya) on the said land and while so, the petitioner cannot have any valid objection and the Public Interest Litigation is liable to be dismissed. Learned counsel, Mr.Mahesh Tewari, for the petitioner submitted that Plot No.4373 (Plot No. 4573 as per Khatian filed as Annexure A in the supplementary counter -affidavit) of Khata No.435, Mouza Chitarpur, has been earmarked only for grazing of cattle of that village and there are hundreds of houses in the village and all of them are having cattle and the said Gochar land intended for grazing of cattle cannot be used for any other purpose save and except for grazing of the cattle. Learned counsel for the petitioner further submitted that the petitioner has been instrumental in getting the encroachment removed (Annexure 2) and after removal of the encroachment, the Mukhiya and the Gram Sabha wanted to construct Panchayat Secretariat (Sachivalaya) on the earmarked land for grazing of cattle and the petitioner?s objection was not kept in view. Learned counsel for the petitioner, contending that the Gochar land intended for grazing cannot be dereserved and utilized for other purposes, relied upon a decision rendered in the case of State of Jharkhand and Ors. Vs. Rocky Murmu, 2011 2 JCR 15.;