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". 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 inspection report dated. Relevant paras of the inspection report are extracted hereinbelow for the sake of ready reference:- "4. That in view of the mandate of inspection, as directed by this Hon'ble High Court, the undersigned found it appropriate to first and foremost ascertain the four corners/boundary of the land allotted for the purpose of playground and situated at Pathar No. 43/281 of Kila No. 9, 12 and 19 of Murabba No. 35 situated at Village 3 LGW, Patwar Halka-Longwala, Tehsil-Pilibanga, District-Hanumangarh (for brevity hereinafter referred to as "playground"). For ascertaining the actual location and the measurement of the land on the revenue record, the undersigned has perused and relied upon the relevant Jamabandis/map as provided by the officials of Revenue Department. 5. xx 6. xx 7. xx 8. That consequently, an inspection was undertaken regarding the land of playground encompassed within the four temporary corner-stones defining the boundary of the land earmarked for the playground. The revenue officials undertook the measurement under my instruction and supervision and it was noticed that the construction of newly Panchayat Bhawan ad measuring 64 ft. x 45 ft. total 2880 sq.ft. (outer boundary) was raised within the boundary-limit of the playground. It was further noticed that total two rooms, one Hall and roof (unfinished) structure has been raised till the date of inspection. Photographs of the newly constructed Panchayat Bhawan are annexed herewith and marked as Annexure-1 (Emphasis Supplied) OTHER BUILDINGS/STRUCTURES EXISTING UPON THE LAND OF PLAYGROUND 9. That during the course of inspection/measurement, the undersigned found various other Government/private structure of buildings situated within the earmarked area of playground. It was further found that some of the buildings partially fall within the boundary of the playground. The details of buildings/structures erected within the land of playground are mentioned below in tabular form: S. No. Particulars of the Building Measurement in ft.&inches Status 1. Grid Sub Station, Jodhpur Vidyut Vitaran Nigam Limited, (JDVVNL) –Longwala 49’3 x 93’7 Partial 2. Overhead Water Tank – Public Health & Engineering Department Radius – 23 Diameter – 46 Complete 3. Pashu Chikitsa Upkendra 33’10 x 44 Complete 4. Newly Constructed Panchayat Bhawan, Longwala. 64 x 45 Complete 5. Kisan Sewa Kendra 51’1 x 27’6 Complete 6. Bharat Nirman Rajeev Gandhi Seva Kendra Total – 38’6 x38’6 Encroached – 38’6 x 27’6 Partial 7. Patwar Ghar Total – 60 x 50 Encroached – 60 x 11 Partial 8. Toilet (Local Panchayat Office) 18 x 14 Complete 9. Old Residential House of Gurudwara for Sevadaar 18 x 15.4 Complete 10. Langar Hall-Gurudwara Total – 41’9 x 61’7 Encroached -41’9 x 49’1 Partial 11. Old Gurudwara Building 14’6 x 16’7 Complete 12. Main Darbaar Sahib Gurudwara Total – 41’9 x 51’9 Encroached – 41’9 x 39’3 Partial 13. Residential House of Gurudwara 28 x 35 Complete *All measurements have been denoted in Feet and inches. Langar Hall-Gurudwara Total – 41’9 x 61’7 Encroached -41’9 x 49’1 Partial 11. Old Gurudwara Building 14’6 x 16’7 Complete 12. Main Darbaar Sahib Gurudwara Total – 41’9 x 51’9 Encroached – 41’9 x 39’3 Partial 13. Residential House of Gurudwara 28 x 35 Complete *All measurements have been denoted in Feet and inches. **Measurements of Dimensions and Boundary Walls from North-South have been denoted first followed by length measured East-West Photographs captured during the course of inspection as well as map & report prepared by the Patwari showing the existence of the buildings/structures existed within the boundary-limit of playground are annexed herewith and marked as Annexure-2 and Annexure-3 respectively. 10. XX 11. XX ALTERNATE LAND OFFERED FOR THE PLAYGROUND-ITS SUITABILITY AND FEASIBILITY 12. That thereafter, the undersigned enquired with the representatives of the Gram Panchayat, Longwala and officials of the Revenue Department regarding alternative land being offered by the State for playground. In furtherance thereof, the undersigned further asked for the relevant documents of the proposed land to ascertain the exact location, the area and the process of allotment undertaken for providing the said alternative land for the playground. In response to the specific query raised by the undersigned, it was informed that the proposed alternative land is situated at Pathar No. 45/279 of Murabba No. 23 of Village-3 LGW, Tehsil-Pilibanga which was not the revenue land, but the land falling within the jurisdiction of Gram Panchayat, Longwala being a part of Abadi Bhumi of Village-3 LGW. It was informed that the land is situated near to the school and therefore, the same will be suitable for the purpose of playground. However, none of the representatives of the Gram Panchayat and revenue officials were in a position to inform the exact Kila number of the proposed land. 13. XX 14. XX 15. XX g. There is also another factual aspect that needs consideration which is the waterbody present at the proposed site is connected with another water-body (for short "water body-B'), which is situated at a relative higher Natural Ground Level. The presence and location of the other water-body can be seen from Aerial View Picture Annexure-'7'. These two water bodies have been connected with a Khala. This has been done to ensure that the water from Water Body B should not overflow from it leading to catastrophic damages to life and property in the village. The presence and location of the other water-body can be seen from Aerial View Picture Annexure-'7'. These two water bodies have been connected with a Khala. This has been done to ensure that the water from Water Body B should not overflow from it leading to catastrophic damages to life and property in the village. Considering specially the location of the School adjacent to it. Clogging, Overflowing, Improper Channelizing of Water are already serious problem in the village. For these reasons as well, it seems imprudent to shift the Playground from the original location to the proposed site. h. Looking to the facts mentioned above, it is clear that the proposed land is situated at low-ground level and the same has made the land suitable and a water-storage pond having various channels/drains channelizing water towards it. It shall not be out of place to mention here that if the land proposed is used for any other purposes, other than water storage, then the entire village will invariably be facing the unabated problem of water-logging. In such circumstances, shifting of playground to the alternatively proposed land is not found feasible and not at all suitable in view of various reasons mentioned above. During the course of inspection, some of the local villagers have contacted the undersigned and have also raised the dispute with regard to the ownership of the Gram Panchayat, Longwala over the entire portion of the proposed land and has informed that some part of the land has already been allotted by the Gram Panchayat to private residents of the village. The said oral assertions made by the villagers were not being disputed by the Sarpanch of the Gram Panchayat. In such circumstances, there is a serious question regarding the ownership of the Gram Panchayat over the proposed land as there are competing claims of ownership over some part of the land. However, in absence of any legal documents, the undersigned consider it appropriate to exercise restraint upon this aspect of the matter. i. Furthermore, there is another aspect of the matter that the undersigned find rather difficult to overlook. It was seen that the khala vide which the two water bodies have been connected in order to avoid uncontrollable water outflow, an attempt has been made to block and close with the usage of Sand Concrete and Cement. i. Furthermore, there is another aspect of the matter that the undersigned find rather difficult to overlook. It was seen that the khala vide which the two water bodies have been connected in order to avoid uncontrollable water outflow, an attempt has been made to block and close with the usage of Sand Concrete and Cement. Photographs showing the current status of khala are annexed herewith as Annexure-8. Looking to the totality of the facts and reasons recorded hereinabove, in my considered opinion, the alternative land proposed for the playground is neither appropriate, nor suitable and feasible for the purpose of playground." (Emphasis Supplied) (III) Pleadings of parties:- 6. For deciding the controversy at hand, it would be worthwhile to refer to the pleadings of the parties. The petitioners have averred as below in the writ petition:- "4.1 That the petitioners are public spirited persons and are very much concerned about the wellbeing, development and protection of rights of villagers of village 3 LGW, Gram Panchayat-Longewala, Panchayat Samiti-Pilibanga, Hanumangarh. The petitioners are very much concerned and aware about the statutory provisions regarding the protection of common land as upheld by the Hon'ble Courts of law repeatedly in their authoritative pronouncements. The petitioners through the present writ petition are challenging the illegal action of the respondent Gram Panchayat-Longewala in raising construction of a Panchayat Bhawan over the land of public playground for which neither the land has been allotted, nor any administrative or financial sanction was granted for construction of a new Panchayat Bhawan over the land of public playground. The petitioners submit that the land over which the respondent Gram Panchayat Longewala has ordered to start construction of a new Panchayat Bhawan, is a land reserved and recorded for a Playground and which is only land reserved for the purpose of Sports, Athletics or other recreational and physical development activities for the entire village. The respondent Gram Panchayat as a matter of fact, encroached over the said land reserved and recorded for the purpose of playground and by raising the construction over the said land, is changing the status of the said land permanently. The respondent Gram Panchayat as a matter of fact, encroached over the said land reserved and recorded for the purpose of playground and by raising the construction over the said land, is changing the status of the said land permanently. It is stated that by the said illegal action, the rights of all the villagers are adversely affected and therefore, the petitioners have left with no other option, but to approach this Hon'ble Court by way of filing a Public Interest Litigation under Article 226 of the Constitution of India. 4.2. That the petitioners further submits that as a matter of fact, the land for the purpose of construction of Gram Panchayat Bhawan was already allotted way back in the year 2009 and a Panchayat Bhawan has already been constructed and exists over the said site. Recently, some budget has been allocated for renovation and modification of the Old Panchayat Bhawan. However, the respondents Gram Panchayat, Longewala has given contract of construction of new Panchayat Bhawan over the land reserved and recorded as a public playground. It is stated that the respondents are permitted to raise the said construction (for which neither the land has been allotted nor the funds have been sanctioned), over the land of public playground which is the only land reserved for the purpose of playground in the entire village, will be deprived of a common space of Sports, Athletics or other recreational and physical development activities for all times to come and therefore, it will significantly injure the rights and prospects of the entire village. In this view of the matter, the proposed injury going to be caused due to the illegal action of the Gram Panchayat, Longewala, is substantial in nature and therefore, the present petition in the nature of Public Interest Litigation is being filed for protection of the rights of the villagers of Longewala. 4.3. xx 4.4. xx 4.5. That it is submitted that in the year 2009, the Panchayat Samiti, Hanumangarh has issued a Patta of a land measuring 4420 Sq. Ft. for the purpose of construction of Panchayat Bhawan in Gram Panchayat, Longewala. The said Patta has been issued on 20.01.2009. A copy of the Patta is annexed herewith and marked as Annexure-3. 4.6. xx 4.5. That it is submitted that in the year 2009, the Panchayat Samiti, Hanumangarh has issued a Patta of a land measuring 4420 Sq. Ft. for the purpose of construction of Panchayat Bhawan in Gram Panchayat, Longewala. The said Patta has been issued on 20.01.2009. A copy of the Patta is annexed herewith and marked as Annexure-3. 4.6. That after allotment of the said land, a Panchayat Bhawan was constructed over the said land and the Gram Panchayat Longewala is operating and functioning in the said Panchayat Bhawan since thereafter. Copies of Photographs showing the construction in existence of Old Gram Panchayat Bhawan is annexed herewith and marked as Annexure-4. 4.7. That it is submitted that in the recent past, the Gram Panchayat Longewala has realized the need for up gradation of infrastructure of old Panchayat Bhawan. In this regard, a resolution was been taken in the meeting of the Gram Panchayat Longewala and it was resolved that the required fund be demanded for the purpose of different development activities in the Gram Panchayat Longewala. In the said resolution no. 4 taken on 05.08.2019, the approximate fund to the tune of Rs. 15 Lacs was demanded for construction of a Boundary-Wall of the playground, whereas the fund to the tune of Rs. 30 Lac have been demanded for the purpose of up gradation of the infrastructure of Old Panchayat Bhawan. A copy of resolution no. 4 dated 05.08.2019 is annexed herewith and marked as Annexure-5." (Emphasis Supplied) 7. In the preliminary reply filed by the respondents, following averments are made:- "4. That in the first instance, the land of Playground (Education Department) situated at Patthar No. 43/281-Murabba No. 35, Kila No. 9, 12 and 19, Chak 3-LGW comprised of 495' x 165' (0.7590 hectares) (81675 square feet). The petitioners have challenged construction of Gram Panchayat Bhawan, but at the same time, they are conceptually silent as to why they did not challenge construction of other buildings of public utility on the land of playground. Following are the details of existing Public utility/other buildings constructed over the playground:- i) Electricity Power Supply Station ii) Overhead Water Tank iii) Veterinary Hospital iv) Atal Kisan Seva kendra v) Rajiv Gandhi Seva Kendra vi) Patwar Ghar vii) Gurudwara viii) Land cultivated by Gurudwara ix) Public Toilet x) Underground Water Tank Total measurement of above-said constructions is approximately 52371 square feet area. Thus, out of total land of playground measuring approximately 81675 square feet, construction of various public utility buildings over around 70% of land were raised way back. 5. xx 6. xx 7. xx 8. xx 9. That the following reply to the assertions made by the petitioners is offered for kind consideration of this Hon'ble Court- (i) the land in question is reserved and recorded as a playground (Education Department) (ii) the action of the respondents is going to permanently change the status of a common land; iii) a piece of land is already allotted way back in the year 2009 while issuing the Patta (Free of cost) for Gram Panchayat Bhawan; (iv) no resolution has been taken in any of the meeting of the Gram Panchayat to raise construction of a new Panchayat Bhawan or to shift the existing Panchayat Bhawan to a different location; The fact that the land in question was reserved and recorded as a playground (Education Department) was not known to anyone, including the Education Department. This fact is evident from the submission made hereinabove in detail, which fortify that the playground is comprises of various public utility buildings, one of which was constructed by the father of petitioner No. 3 and further constructed by wife of petitioner No. 2. As a matter of fact, the fact that land in question is recorded as playground (Education Department) came to the notice of answering respondent very recently when petitioners started agitating the issue of construction of Gram Panchayat Bhawan. Had the answering respondent would in knowledge of land being playground land (Education Department), it would have first initiated process of change of nature of the land in the revenue record and then to raise construction of Gram Panchayat Bhawan. More so, only a small portion of Gram Panchayat, measuring 45' x 63' comes within area of playground, out of total area of Gram Panchayat Bhawan building measuring 140' x 63'. Be that at it may. When petitioners started agitating against construction of Gram Panchayat Bhawan, a meeting of the Gram Sabha was called on 05.03.2020. Agenda No. 2 of the meeting dated 05.03.2020 was pertaining to changing nature of playground to Abadi land and in place of said land, providing adjacent land to the Government Senior Secondary School, Longewala for playground purpose. The agenda was approved unanimously in the Gram Sabha. Agenda No. 2 of the meeting dated 05.03.2020 was pertaining to changing nature of playground to Abadi land and in place of said land, providing adjacent land to the Government Senior Secondary School, Longewala for playground purpose. The agenda was approved unanimously in the Gram Sabha. A copy of the relevant minutes dated 05.03.2020 of the meeting of Gram Sabha is submitted herewith and marked as Annexure-R4/4. In pursuance of the resolution dated 05.03.2020 of the Gram Sabha, answering respondent wrote a letter dated 05.03.2020 to the Chief Block Education officer, Pilibanga enclosing therewith minutes dated 05.03.2020 and a map of the land with a request to issue sanction for conversion of land of playground to the Abadi land and allotment of alternative land near the School for playground purpose. A copy of the letter dated 05.03.2020 is submitted herewith and marked as Annexure-R4/5. The Halka Patwari, Longewala submitted a report dated 05.03.2020 wherein it was stated that the land situated near the School in Chak 3 LGW, Stone No. 45/279 is recorded as Abadi land and falls within jurisdiction of the Gram Panchayat. A copy of the report of Patwari dated 05.03.2020 is submitted herewith and marked as Annexure-R/4/6. On 17.03.2020, C.B.E.O., Pilibanga wrote a letter to the District Education officer, Hanumangarh enclosing therewith the note-sheet dated 17.03.2020 wherein the Principal of the School pointed out that allotment of adjacent land to the School for playground purpose would be beneficial to the School as well as report of the Junior Engineer, Samagra Shiksha Abhiyan, Pilibanga. A copy of the letter dated 17.03.2020 alongwith its enclosure are submitted herewith and collectively marked as Annexure-R4/7. The District Education officer (HQ), Secondary Education, Hanumangarh wrote a letter dated 17.03.2020 to the District Collector and requested for change of nature of both the lands, i.e., playground land to Abadi land and the land situated adjacent to the School for playground purpose. A copy of the letter dated 17.03.2020 is submitted herewith and marked as Annexure-R/4/8. On 25.08.2020, answering respondent submitted an application before the Vikas Adhikari, Panchayat Samiti Pilibanga requesting to convert Abadi land situated adjacent to the School as Playground. Alongwith the letter dated 25.08.2020, NOC dated 25.08.2020 was also submitted. Copies of the letter dated 25.08.2020 and NOC dated 25.08.2020 are submitted herewith and marked as Annexure-R4/9 and Annexure-R4/10 respectively. On 25.08.2020, answering respondent submitted an application before the Vikas Adhikari, Panchayat Samiti Pilibanga requesting to convert Abadi land situated adjacent to the School as Playground. Alongwith the letter dated 25.08.2020, NOC dated 25.08.2020 was also submitted. Copies of the letter dated 25.08.2020 and NOC dated 25.08.2020 are submitted herewith and marked as Annexure-R4/9 and Annexure-R4/10 respectively. In turn, Vikas Adhikari, Panchayat Samiti Pilibanga wrote a letter dated 31.08.2020 to the Chief Executive officer, Zila Parishad, Hanumangarh requesting to convert Abadi land situated adjacent to School to that of playground. A copy of the letter dated 31.08.2020 is submitted herewith and marked as Annexure-R4/11. The Chief Executive officer, Zila Parishad, Hanumangarh, vide letter dated 04.09.2020 forwarded proposal to the District Collector, Hanumangarh for further needful course of action. A copy of the letter dated 04.09.2020 is submitted herewith and marked as Annexure-R4/12. The District Collector, Hanumangarh after examination, would forward the matter to the State Government for issuing necessary sanction. In this way, it is evident that proceedings to convert the playground land to that of the Abadi land and the Abadi land situated adjacent to the School to that of the playground are pending consideration before the competent authorities." (IV) Contentions:- 8. Shri B.S. Sandhu, learned counsel representing the petitioners vehemently and fervently contended that the entire exercise of constructing the new Panchayat Bhawan despite the fact that the existing one is enough to meet the requirements of the Gram Panchayat is a malafide and colourable exercise of power by the Sarpanch in connivance with the Vikas Adhikari and the other Panchayat officials. He submits that the respondents cannot be permitted to encroach upon and destroy the only playground which exists in the Village Longewala to the prejudice of the public at large. He thus, urges that a direction be given to demolish the illegally raised construction and to recover cost thereof from the Sarpanch and the Vikas Adhikari. He also urged that a direction deserves to be given to prosecute the Sarpanch for criminal misconduct. 9. Per contra, learned AAG Shri Sunil Beniwal vehemently and fervently opposed the submissions advanced by the petitioners' counsel. He also urged that a direction deserves to be given to prosecute the Sarpanch for criminal misconduct. 9. Per contra, learned AAG Shri Sunil Beniwal vehemently and fervently opposed the submissions advanced by the petitioners' counsel. He urged that the Gram Panchayat, in its meeting dated 05.08.2019, also prepared a map of the proposed Panchayat Bhawan and wherein, it is clearly depicted that the building would be raised near the Rajiv Gandhi Sewa Kendra which exists in the land of playground. However, he too was not in a position to dispute the fact that as per the proposal (Annexure-5), the technical sanction (Annexure-6), the financial sanction (Annexure-7) and the work order (Annexure-8), the approval was made for up gradation of the infrastructure of the old Gram Panchayat Bhawan and none of these documents indicates that a new Panchayat Bhawan would be constructed. Apparently, thus, the respondents have also not offered any justification whatsoever for the construction of the new Panchayat Bhawan when the existing building was constructed just ten years ago and there is no such information that the said building is not suitable for the Panchayat activities or that there are any such deficiencies in the said building which can render it unfit for use. (V) Conclusions after analyzing the facts:- 10. The fact regarding the construction of the new Panchayat Bhawan being without sanction and that the location of the site is a playground is admitted. In the reply filed to the writ petition, the State Government has taken a plea that the writ petition has been filed at a highly belated stage. The construction of the Panchayat Bhawan is already in full swing. Thus, the thrust of the averments made by the respondents in their reply is that the delay in raising the grievance may be considered to be a justification for perpetuating the illegality by allowing the disputed construction to be completed. The respondents have surprisingly admitted in the reply that they were not aware that the title of the land in question vested in the Education Department. This averment made in the reply reflects a gross dereliction of duties by the officials concerned. The respondents have surprisingly admitted in the reply that they were not aware that the title of the land in question vested in the Education Department. This averment made in the reply reflects a gross dereliction of duties by the officials concerned. No justification has been offered as to why there was a need for construction of a new Panchayat Bhawan when the earlier one was built in the year 2009-10 and there is no report regarding the same not being suitable and feasible for carrying out the activities of the Panchayat. The plea of the respondents that a suitable land has already been provided as an alternative playground is totally untenable in view of the above quoted paras of the Commissioner's report. 11. On a perusal of the map prepared by the Court Commissioner and the photographs placed on record (Annexure-4), it is clear that other government buildings which have been constructed in the playground are on the farthest periphery of the field in question, in reference to the opening towards the highway whereas the disputed Panchayat Bhawan has been raised right in the centre thereof virtually rendering the playground unsuitable for use. 12. We have perused the photographs (Annexure-4) of the existing Panchayat Bhawan and find that the building is in a perfect condition and there is nothing to indicate that it is not suitable for use by the Panchayat. Had the sanctioned amount of Rs. 30,00,000/- (Thirty lacs) been put to correct use by up gradation of the existing building, a much better facility could have been created. However, abuse of power by the concerned officials to be specific the Sarpanch, Gram Panchayat Longewala, respondent No. 4 and the Vikas Adhikari, Panchayat Samiti Longewala, the respondent No. 2 has created a situation wherein, not only has a new structure been raised totally without authority and justification but in addition thereto, land of public utility specifically reserved as a playground, has been encroached upon. The respondents tried to resort to face-saving measures by claiming that they would be suitably compensating the village people and the Education Department by providing an alternative land as playground but as is evident from the captioned portion of the report of the Court Commissioner, none of the respondents are even aware regarding existence/location of such land and what to talk thereof. The Commissioner has given a conclusive finding in the report that the proposed alternative land is totally unsuitable for use as a playground. We therefore, feel that the respondent No. 2 Vikas Adhikari, Panchayat Samiti Longewala and the respondent No. 4 Sarpanch, Gram Panchayat Longewala have indulged in gross misuse of powers while raising the unauthorized construction on a chunk of land meant for use as a public playground by wasting public funds entrusted to them. The plea that other buildings have already been constructed in the same chunk of land does not convince the Court for a moment to restrain itself from issuing necessary directions for rectification and for restoration of the playground to its earlier position because as per the site plan and photographs, these buildings are constructed on the periphery of the ground whereas, the disputed structure standing right in the middle thereof. 13. During the course of arguments, the petitioner's counsel offered a proposal requesting that the Sarpanch may be asked to get the illegal construction demolished and to bear the expenses so far incurred but the counsel Shri G.S. Chouhan, representing the respondent No. 4 Sarpanch, upon instructions from his client did not agree to the said proposal. 14. In wake of the above facts, we feel that inquiry deserves to be made regarding the conduct of the respondent No. 2 Vikas Adhikari and respondent No. 4 Sarpanch, who clearly abused their powers and acted beyond jurisdiction while raising the construction of the new Panchayat Bhawan totally against the approved plan proposal and the sanction. 15. As a consequence of the discussion made hereinabove, we have no hesitation in holding that the construction of the disputed building on the land earmarked/reserved as a playground is totally illegal and contrary to the Panchayat's proposal, technical sanction and the financial sanction as well as the work order and hence, the same has to be demolished at the cost and responsibility of the respondent No. 2 Vikas Adhikari, Panchayat Samiti Longewala and respondent No. 4 Sarpanch, Gram Panchayat Longewala. (VI) Directions by the Court:- (i) The District Collector, Hanumangarh shall ensure that the building is forthwith demolished; the debris left post demolition are properly disposed off and the ground is restored to its original condition. (ii) The Secretary, Panchayati Raj Department shall initiate disciplinary proceedings against the respondent No. 2 Vikas Adhikari and the respondent No. 4 Sarpanch. (VI) Directions by the Court:- (i) The District Collector, Hanumangarh shall ensure that the building is forthwith demolished; the debris left post demolition are properly disposed off and the ground is restored to its original condition. (ii) The Secretary, Panchayati Raj Department shall initiate disciplinary proceedings against the respondent No. 2 Vikas Adhikari and the respondent No. 4 Sarpanch. (iii) The money spent for raising construction of the illegal building shall be recovered from the Sarpanch and the Vikas Adhikari in equal proportions. (iv) The amount so recovered and the remaining amount, if any left, from the sanctioned budget of Rs. 30,00,000/- shall be used for up gradation of the existing Panchayat Bhawan. (v) We also impose cost of Rs. 50,000/- (Fifty thousand) each upon the respondent No. 2 Vikas Adhikari and No. 4 Sarpanch, Gram Panchayat Longewala. (vi) The cost upon being realized shall be deposited with the District Legal Services Authority, Hanumangarh and shall be used for extensive tree plantation in the land of the playground where illegal construction has been raised. (viii) The District Collector, Hanumangarh is directed to ensure that no new constructions are made in the land of the playground. 16. A copy of this order shall be transmitted to the Secretary, Panchayati Raj Department, Government of Rajasthan, Jaipur and the District Collector, Hanumangarh, forthwith. 17. The writ petition is allowed in these terms. 18. List on 31.03.2022 for receiving the compliance report.