JUDGMENT :

Sandeep Mehta, J.

(I) Controversy involved in the matter:-

1. The petitioners herein have filed the instant writ petition in the nature of public interest litigation for assailing the action of the respondent No. 4 in acting illegally and without jurisdiction by raising construction of a Panchayat Bhawan on the land of Village Longewala reserved as a playground of the education department. The prayers Nos. A, B & C which are made in this writ petition are relevant and germane for deciding the controversy at hand and hence, are reproduced hereinbelow for the sake of ready reference:-

"A. That the actions of respondents for permitting the construction of a new Panchayat Bhawan over the land of playground, may kindly be declared illegal.

B. That the respondents may kindly be restrained from raising any construction of a Panchayat Bhawan or of any other kind over the land of Playground i.e. the land of Patthar No. 43/281-Murabba No. 35, Kila No. 9, 12 and 19, Chak 3-LGW.

C. That the construction already raised over the land in question may kindly be ordered to be demolished and necessary directions to be issued to the respondents to restore back the original position of the playground."

2. The petitioners are residents of Village Longewala and have raised a grievance in this writ petition that the respondent No. 4 Sarpanch, Gram Panchayat Longewala has malafide, raised construction of the Panchayat Bhawan on the land of playground/public utility without there being any sanction to construct such building and in this manner, a flagrant violation has been made and the land meant exclusively for public use has been encroached upon. In support of their contentions, the petitioners have placed on record the revenue record, wherein the land in question has been shown as playground of Education Department. It has also been asserted that the area in question is the only open place in the village wherein, the children can play and public functions can be organized. Photographs of the existing Panchayat Bhawan have also been annexed in the writ petition as Annexure-4.

3. The petitioners have also placed on record, the Panchayat resolution (Annexure-5) as per which, the proposal which was passed in the Panchayat meeting dated 05.08.2019 was only for upgrading infrastructure of the "old Panchayat Bhawan". Budget was sanctioned by the Zila Parishad, Hanumangarh for the purpose of up gradation of the existing Panchayat Bhawan vide sanction letter (Annexure-7) dated 11.12.2019 (Serial No. 6 of the sanction letter). The work order issued by the Gram Panchayat to one M/s. A-One Construction Company vide letter dated 15.03.2020 was also for up gradation of the infrastructure of the "old Panchayat Bhawan". The petitioners allege that in gross violation of the resolution, the financial sanction and the work order, the respondent No. 4 Sarpanch, Gram Panchayat Longewala acting malafide, with vested interest, has started construction of a totally new structure in the public playground whereupon, the petitioners herein have approached this Court by filing this writ petition making the above prayers.

(II) Direction to appoint Court Commissioner:-

4. On 10.09.2020, after considering the contentions of the petitioners' counsel, this Court passed an order appointing Shri Surendra Thanvi, Advocate as Court Commissioner for inspection of the site so as to apprise the Court about the status of the construction being made of the Panchayat Bhawan, its location and report as to whether there are other government buildings existing on the land earmarked as playground. The Court Commissioner was also asked to report as to whether the alternative land being offered by the State Government for the playground is appropriate, suitable and feasible.

5. In compliance of this direction, Shri Surendra Thanvi, Advocate conducted the inspection and submitted his detailed