SL. No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS WPMS No.1794 of 2025 Hon’ble Ravindra Maithani, J. Ms. Sadaf and Ms. Asmi, Advocates for the petitioner. Mr. M.S. Bisht, Brief Holder for the State. Ms. Niti Rana, Advocate for respondent no.4. By means of the present petition, petitioner seeks following reliefs:- “(i) To issue a writ of mandamus or any other appropriate writ directing respondent nos.1 to 4 to immediately halt the construction of the water tank at bearing Khasra No.95 ma, Gram Mandawali, Tehsil Roorkee, District Haridwar. (ii) To issue a writ, order or direction in the nature of mandamus commanding the respondent nos.3 and 4 to decide the representations dated 06.04.2024 (Annexure No.1 to this writ petition). (iii) To issue a writ, order or direction in the nature of mandamus to the respondents to maintain a status quo with regard to the establishment of water tank till the final disposal of the present case. (iv) To issue appropriate direction to conduct an inquiry into the unauthorized construction and misuse of public funds. (v) To direct the recovery of any funds already paid to the contractor and cancellation of any illegal work order issued. (vi) To ensure that the playground is preserved and protected for use by the children of the government primary school. (vii) To issue any other writ, order or direction which this Hon’ble Court may deem fit and proper in view of the facts and circumstances of the case. (viii) To award in favour of the petitioner and against the respondents.” It is the case of the petitioner that in the Village Gurukul Narsan, Mandawali, Tehsil Roorkee, District Haridwar, adjacent to Government Basic School, a water tank is being constructed by the respondents on the playground of the school, which may deprive the children of the playground facility. On petitioners representation no action was taken by the respondents authority. Hence the petition. Learned counsel for the petitioner submits that the petitioner has given representation to the respondent no.3 on 06.04.2024, which is part of Annexure No.1 to this writ petition, but no action has been taken on it. She submits that the respondents may be directed to take a decision on it in view of the law, as laid down by the Hon’ble Supreme Court in the case of the Sarpanch, Gram Pandhayat, Longwala Panchayat Samiti, Pilibanga, District Hanumangarh, Rajasthan vs. Manveer Singh and others with connected matter in Civil Appeal No(s).5281 of 2023. In the case of the Sarpanch Gram Pandhayat (supra), the Hon’ble Supreme Court, in para 8, observed as hereunder:- “8. Before considering the extent to which we can modify the directions, we notice that constructing a building in a playground particularly on a plot of land standing in the name of the Education Department and without administrative sanction, is of grave concern and illegal. Gram Panchayat should represent the public interest and not occupy vacant places, parks and grounds for its infrastructure projects. In a given case, if absolute necessity is made out for a change of user of any of the amenities/open spaces, Gram Panchayat shall and should comply with the requirements of the law. The failure of duty and fixing of responsibility are matters of inquiry; therefore, we do not dwell on these matters more than the view already express. Keeping in perspective the admitted position viz a playground is earmarked for school children, demolition of a building constructed is avoidable.” Learned State Counsel submits that representation dated 06.04.2024, which is part of Annexure No.1 to the writ petition, may be decided within a period of two weeks. The Court takes on record the statement given by learned State Counsel. The writ petition is disposed of with the direction to the respondent no.3 to decide the representation of the petitioner dated 06.04.2024, which is the part of Annexure 1 to the writ petition, within a period of two weeks from today, in accordance with law. (Ravindra Maithani J.) 16.07.2025 Ravi