APARESH KUMAR SINGH,J. - (1.) Heard counsel for the petitioner and the State.
(2.) Petitioner alleges illegal construction of Panchayat Bhawan over 0.28 decimals out of 3.04 acres of land bearing Plot no.244, Khata No.115, Mauza Saguna, District Palamau said to be his ancestral land. Reference is made to the final decree of Partition Suit bearing no.03 of 1938 in respect of a total area of 17.50 acres of land within which the present land comprising 3.04 acres is also situate (Annexure-1).
(3.) According to the petitioner, Takhta No.2 was prepared in execution of the decree and the share of 3.04 acres of land came to his great grandfather. Thereafter name of the petitioner's father Ashok Kumar Pandey was entered into Register-II after mutation and rent has been paid thereafter vide Annexure-3 series. There are certain constructions over the piece of land by the petitioner. His father's name has also been entered into the revenue survey record of rights. Certain pieces of land have also been sold through sale deeds no.7484 dated 9th July 2010 and 8903 dated 25th September 2013. Purchasers have also got their names mutated in Register-II thereafter vide Annexure-4 series. According to him the land falls under the jurisdiction of Saguna Panchayat. Father of the petitioner was the Mukhiya of the erstwhile combined Patan Panchayat and died in 2005. After division of Patan Panchayat, steps have been initiated for construction of Panchayat Bhawan in which unfortunately the aforesaid piece of land of the petitioner is being used for the said purpose. Petitioner has to approach this Court after his representations made before the Deputy Commissioner, Palamau; Deputy Development Commissioner, Palamau and District Panchayati Raj Officer, Palamau vide Annexure-7 series remained unredressed.;