R.BANUMATHI, CHANDRASHEKHAR, JJ. - (1.) THE present Public Interest Litigation has been filed by the petitioner, who is a resident of Tamulia village, seeking for a direction upon the respondent no. 2 i.e. the Principal Secretary, Revenue & Land Reforms, Government of Jharkhand to grant sanction of acquisition of 0.11 acres of land and to make allotment of Rs. 6,81,438.00 for construction of road for the access of the villagers residing at Tamulia and to connect them with NH -33.
(2.) THE case of the petitioner, who is a resident of village Tamulia, is that he along with other villagers are facing difficulties due to non -construction of road connecting Tamulia village with N.H. -33. According to the petitioner, he made representation before the Circle Officer, Chandil dated 29.01.2010 to acquire the land and to connect the village Tamulia in public interest with N.H. -33. Further case of the petitioner is that, on the recommendation of the Circle Officer, Chandil, the Deputy Commissioner, Seraikella -Kharsawan had also made a recommendation to the State Government on 22.03.2010 (Annexure -3) for sanction of Rs.6,81,438.00 and inspite of such recommendation, the State of Jharkhand has not granted administrative sanction and, therefore, the petitioner has filed the present Public Interest Litigation seeking for direction to the respondent -State to grant administrative sanction amounting to Rs.6,81,438.00 for acquiring the land and also for construction of the road connecting the village Tamulia with N.H. -33. The school namely Govind Vidyalaya has filed the intervention application being I.A. No. 907 of 2013 to implead it as the respondent. According to the intervenor/respondent -school, the structure of plan in Khata No. 129, Khesra No. 718, area 0.07 acre and Khesra No. 717, area 0.01 1/2 acres belong to the school namely, Govind Vidyalaya, Tamulia and the petitioner can not seek for direction to acquire the land for construction of the road. Subsequently, another intervention application has been filed at the instance of Intervenor, Ajay Bhuiyan being I.A. No. 6114 of 2013 supporting the case of the petitioner in the Public Interest Litigation. According to the intervenor -respondent in I.A.No. 6114 of 2013, there was a road in the above structured plan and the school officials of Govind Vidyalaya have also accepted the existence of the said road but subsequently, they are raising objection for using the same as a road. According to the intervenor, Ajay Bhuiyan, his father had purchased the property from Govind Vidyalaya, wherein the structure plan has been shown as the access road and, therefore, the intervenor - respondent, Ajay Bhuiyan, supports the case of the petitioner in the present Public Interest Litigation.
(3.) WE have heard learned counsel, Mr. Tarun Kumar, appearing for the petitioner and learned counsel, Mr. Kumar Sundaram, appearing for the State of Jharkhand and also learned counsel, Mr. Ananda Sen, appearing for the intervenor -school.;