The main legal point established in the judgment is that the findings in the revenue proceedings, which have attained finality, determine the ownership and possession of the land in question, and such findings cannot be challenged in the present petition.

ORDER :

Deepak Kumar Tiwari, J.

The petitioner has filed the instant Public Interest Litigation seeking direction against the respondent authorities to provide spacious road for approaching the Community Health Centre situated at Village Tilkeja, as also to provide gifted land to the petitioner, which is around 0.32 acres, which is to be broadened by the members of the Gram Panchayat for easy access to the said Community Health Centre.

2. The petitioner is an elected Sarpanch and representative of the Janpad Panchayat, Korba and Gram Panchayat Tilkeja. The State of Chhattisgarh has constructed a Community Health Centre for the betterment of the people of said Gram Panchayat. It is submitted that the subject land bearing Khasra No.306, ad measuring 0.32 acre, is situated within the territory of village Tilkeja, having Patwari Halka No.12/8, which is duly registered in the Revenue Records of Tahsil Bhainsma and District Korba. The original owner of the land namely, Shri Baman Rao, son of Pilaji Rao, gifted the said land to the State Government vide gift deed dated 20.8.1985. Thereafter the said land was allotted to the Department of Health Services by the then Government of Madhya Pradesh and necessary entry in the Revenue Records has been made on 9.2.1988. It is pleaded in the petition that the subject land was never owned by the respondent No.5, however, respondent No.5 illegally occupied the said land. The land bearing Khasra No.306 contains an area 2.18 acre and out of the same, 0.25 acre is being used as a cremation ground, mango garden and a Kachcha Road, which is also reflected in the record of the Tehsildar. The land was earlier in the name of the then landlord Mr. Dhanraj Kunwar, which was later on used by the villagers for the purpose of reaching the cremation ground. The land bearing Khasra Nos.306 & 359 is used for transportation of dry woods to the cremation ground.

3. The then landlord Shri Dhanraj Kunwar had gifted the said land to Shri Baman Rao, son of Shri Pilaji Rao in the year 1963 and thereafter the land was mutated in the name of Shri Baman Rao. The State Government has constructed the Community Health Centre on the land which was gifted by Shri Baman Rao. On 9.3.2005, an order was passed by the respondent No.5 in respect of 0.30 acre of Khasra No.306/1, and the land was accordingly mutated. The respondent authorities had constructed the Community Health Centre over Khasra No.309 whereas in Khasra No.306, only 5 feet road has been provided by the respondent No.5 for approaching the Community Health Centre and the cremation ground. Thereafter respondent No.5 has approached respondent No.4 for modification of the order dated 9.3.2005 whereupon respondent No4 vide order dated 20.9.2005 directed for updation of the recorded map.

4. One public representative (Janpad Member) had moved an application before the Collector for rectification of the Revenue Records, on which the Collector had passed an order on 28.3.2007 against the State Instrumentalities. The said order has been challenged before the Revisional Authority in the year 2007 and an ex-parte order has been passed against respondent No.5 upholding the order passed by the Collector and the Tehsildar. The Revision Application was accordingly rejected by the Revisional Authority on 15.12.2009. The former Janpad Member had moved a representation seeking action for the public at large. However, respondent No.2 did not decide the matter and in the presence of higher officials only assurances had been given to fulfill the demands of the public at large. The petitioner had approached the Gram Sabha requesting to provide approach road to the Community Health Centre. A proposal has been passed by the Gram Sabha to move an application before the Collector, Korba and the Sub Divisional Officer (Revenue), Korba for removal of encroachment and if need be, to move a petition before this Court.

5. Learned counsel for the petitioner would submit that the State instrumentalities