69 HIGH COURT OF JUDICATURE CHHATTISGARH : BILASPUR SiNGLE BENCH : HON'BLE SHRi S.R. NAYAK, CJ. WRIT PETITION N0.1966 OF 2005 PETITiONERS ^ff^i^i"^,. RESPONDENTS 1. 2. versus 1. 2. 3. Mahetarin Bai, Widow of Shiv Charan Kaushik, Aged about 55 years, Dev Anand, S/o Late Shiv Charan Kaushik, Aged about 30 years, Both R/o Village Chichirda, PO : Saida, PS - Chakarbhata, Tehsii - Takatpur, Dist: Bi!aspur-(C.G.) The Coilector, Dist: Silaspur -(C.G.) The Tehsildar, Takhatpur, Dist. Bilaspur- <C.G.) The Sarpanch, Gram Panchayat - Chichirda, Tehsil ~ Takatpur, Dist : Bi(aspur-(C.G.) Present : ^ Mr. Anil Singh, iearned counsel forthe petitioners. Mr. Yashwant Singh, learned Government Advocate for respondents No.1 and 2. Mr. Somnath Verma, learned counsel for respondent No.3. ORAL ORDER (Passed on 21st March, 2006) The case of the petitioners in brief is that they are the owners of the land comprising Khasra No.442/1, 442/2 and 442/3, situate In Vlilage Chichirda, Taluka Takhatpur, Disfrict Biiaspur. it Is alleged that the third respondent, who is the Sarpanch of Gram Panchayat Chichirda, is constructing a buiiding in the Government land bearing Khasra No.417 to house a Government girls' school as an agent of the Govemment and jf that construction is ailowed and building comes-up, it wouid vlolate the 70 IP= X- easementary rights hitherto enjoyed by the petitioners. So alieging.the writ petition is filed seeking intervention of the Court. (2) This Court cannot be converted into a Civil Court to undertake fact finding ahd to enforce easementary rights claimed by the petitioners. Whether the proposed construction woutd vioiate any of the easementary rights of the petitioners is a question of fact and resolution of which would necessarily involye permitting the parties to lead evidence and subjecting the parties to cross-examination by each other. The proper forum to claim easementary rights of the petitioner is the jurisdictiona! Civil Court. in that view of the matter, 1 dismiss the writ petition, however, reservlng liberty to the petitioners to work-out their legal remedies before the jurisdictional Civil Court. Ali the contentions raised in this writ petition are left open to be agstated before the jurisdictional Civli Court. No costs. Sd/- Chief Justice Gopal