JUDGMENT :

1. These writ petitions has been filed under Article 226 of the Constitution of India with the following prayers:

SBCWP No. 657/2021:

“It is therefore most humbly prayed that this writ petition may kindly be allowed:-

A. By an appropriate writ, order and direction that the enquiry report and recommendation dated 15/12/2020 of vikas adhikari (Annexure-17) may kindly be quashed and set aside

B. By an appropriate writ, order and direction the respondent Chief Executive Officer, Zila Parishad, may kindly be directed for conduct a special meeting according to the provision of Section 44 and 45 of the Panchayat Raj Act with regard to discussion upon the issue of construction of the Panchayat Bhawan of Gram Panchayat Sindhiyo Ki Dhani.

C. By an appropriate writ, order and direction the respondent Sarpanch Gram Panchayat Sindhiyo Ki Dhani may kindly be directed to call a special meeting of the Gram Panchayat Sindhiyo Ki Dhani for purpose to discussion upon the agenda of construction of Panchyat Bhawan the Panchayat Bhawan of the Gram Panchayat Sindhiyo Ki Dhani and further directed that according to the majority decision of the meeting the recommendation may sent to the Panchayat Raj Department for construction of the Panchayat Bhawan.

D. That the any other relief, which this Hon'ble Court deems fit to protect and maintained the healthy judicial system in State of Rajasthan, by which the petitioner may get full justice may also be allowed.”

SBCWP No. 13061/2021:

It is therefore most humbly prayed that this writ petition may kindly be allowed:-

A. By an appropriate writ, order and direction that the proposal dated 11.08.2020 (Annexure-6) may kindly be quashed and set aside.

B. By an appropriate writ, order and direction that the sanction dated 27.11.2020 (Annexure-12) may kindly be quashed and set aside.

C. By an appropriate writ, order and direction the respondent Chief Executive Officer, Zila Parishad, may kindly be directed for conduct a special meeting according to the provision of Section 44 and 45 of the Panchayat Raj Act with regard to discussion upon the issue of construction of the Panchayat Bhawan of Gram Panchayat Sindhiyo Ki Dhani.

D. By an appropriate writ, order and direction the respondent Sarpanch Gram Panchayat Sindhiyo Ki Dhani may kindly be directed to call a special meeting of the Gram Panchayat Sindhiyo Ki Dhani for purpose to discussion upon the agenda of construction of Panchyat Bhawan the Panchayat Bhawan of the Gram Panchayat Sindhiyo Ki Dhani and further directed that according to the majority decision of the meeting the recommendation may sent to the Panchayat Raj Department for construction of the Panchayat Bhawan.

E. That the any other relief, which this Hon'ble Court deems fit to protect and maintained the healthy judicial system in State of Rajasthan, by which the petitioner may get full justice may also be allowed.”

Since both these writ petitions have been filed for same cause of action, thus are being decided together by this common order.

2. At the joint request of learned counsel for the parties, the matters are heard finally today itself.

3. The brief facts of the case are that against the recommendation dated 15.12.2020 (Annexure-17) and the proposal dated 11.08.2020 sent by the Tehsildar, Tinwari with regard to construction of Panchayat Bhawan in Khasra No.336/5 Rakba 5 Bighas, the present petition has been filed, whereby, before composition of Gram Panchayat, Sindhiyo Ki Dhani, there was already a proposal for construction of the Panchayat Bhawan over the land bearing Khasra No. 347 and 401 of the Village Sindhiyo Ki Dhani and according to the said proposal, there is a recommendation of the committee with regard to the construction of the Panchayat Bhawan in the nearest distance from both the Villages of Panchayat Circle.

4. The Village namely Sindhiyo Ki Dhani was divided into two different Villages vide notification dated 03.03.2008 issued by the Revenue Department and the Village Ramnag