CWP-21384-2026 -1- 141 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH *** CWP-21384-2026 Date of Decision: 16.07.2026 Karam Singh .... Petitioner Versus State of Punjab and others ..... Respondents CORAM: HON'BLE MR. JUSTICE JASGURPREET SINGH PURI HON'BLE MR. JUSTICE SANJIV BERRY Present: Mr. Krishan Singh Dadwal, Advocate, for the petitioner. Ms. Shruti, AAG, Punjab. Mr. Karminder Singh Walia, Advocate & Mr. Prabhshek Singh Walia, Advocate, for respondent No.7. **** JASGURPREET SINGH PURI , J. (ORAL) 1. The present writ petition has been filed under Articles 226/227 of the Constitution of India for issuance of an appropriate writ, order or direction, especially a writ in the nature of certiorari for quashing the order dated 15.01.2026 passed by respondent No.2 (Annexure P-13), whereby a well-reasoned order dated 03.08.2022 (Annexure P-11) passed by respondent No.3 has been set aside by relying upon the report dated 19.01.2021 (Annexure P-12) as well as the report dated 26.07.2022 (Annexure P-10). Further the petitioner seeks issuance of a writ in the nature of prohibition restraining respondents No.5 and 6 from allowing construction on the agricultural land bearing Khasra Nos.278 and 279 by carving out a playground, which otherwise is neither needed nor required in the given facts and circumstances. BHUMIKA BHATI 2026.07.23 11:31 I attest to the accuracy and integrity of this document chandigarh CWP-21384-2026 -2- 2. Learned counsel for the petitioner submitted that the petitioner is an elected Panch of the Gram Panchayat, Sangatpur, Block Kapurthala, District Kapurthala and is aggrieved by the action of the respondents in allotting two acres of Gram Panchayat land for the purpose of constructing a playground in the village. He further submitted that there is no justification for converting two acres of agricultural land into a playground in view of the fact that two playgrounds already exist in the village. 3. Learned counsel further submitted that the Gram Panchayat of the village passed a Resolution No.2 dated 07.12.2016 vide Annexure P-6 under the Chairmanship of authorised Panch, namely, Mr. Rattan Singh (impleaded as respondent No.7 in the present petition), which authorised construction of a stadium for football, kabaddi and other sports, to be named after Sant Baba Kishan Singh Ji. The said two acres of land are situated near the religious place of Sant Baba Kishan Singh Ji. 4. Thereafter, vide Annexure P-8, the Gram Panchayat itself filed a petition under Section 199(1) of the Punjab Panchayati Raj Act, 1994 (herein after referred to as ‘the Act’), for setting aside the aforesaid Resolution No.2 dated 07.12.2016, which had been passed by respondent No.7. Subsequently, vide Annexure P-11, the Director, Rural Development and Panchayat Department, Punjab cancelled the said Resolution by observing that there are already two playgrounds constructed in Village Sangatpur and there was no requirement for a new sports ground. It was also observed that if a new sports ground is constructed, then it would result in damage to the Panchayat property and the land on which the stadium was proposed to be constructed is the main source of income for Panchayat and therefore, it is not in the interest of public under Section 199(1) of the Act, BHUMIKA BHATI 2026.07.23 11:31 I attest to the accuracy and integrity of this document chandigarh CWP-21384-2026 -3- which provides for the functions and duties of Panchayat Samiti with regard to Agriculture and in this way, the aforesaid Resolution was cancelled on 03.08.2022. Thereafter, respondent No.7 challenged the aforesaid order (Annexure P-11) before the learned Administrative Secretary to Government of Punjab, Department of Rural Development and Panchayats (Exercising the Power of Punjab Panchayati Raj Act, 1994) and vide Annexure P-13 dated 15.01.2026, the Administrative Secretary allowed the appeal, quashed the order dated 03.08.2022 passed by the Director and upheld the Resolution dated 07.12.2026 passed by the Gram Panchayat. In this way, learned Administrative Secretary, Department of Rural Development and Panchayats, Punjab accepted the appeal filed by respondent No.7 and the Resolution was revived. 5. Learned counsel made three-fold submissions. Firstly, the two acres of Gram Panchayat land, which is proposed to be converted into a playground was a source of income for the Panchayat and it would not be in the interest of public to deprive the Panchayat of that income. Secondly, two playgrounds already exist in the village and therefore, there is no requirement for a third playground. Thirdly, when respondent No.7 filed an appeal before learned Administrative Secretary, Department of Rural Development and Panchayats, Punjab, no notice was given to the Gram Panchayat or to the petitioner and therefore, impugned order dated 15.01.2026 (Annexure P-13) is in violation of principles of natural justice. 6. On the other hand, Mr. Karminder Singh Walia, learned counsel for respondent No.7, who appeared on the advance supply of a copy of the petition, submitted that the arguments advanced by learned counsel for the petitioner are misconceived because the land is not used for agricultural BHUMIKA BHATI 2026.07.23 11:31 I attest to the accuracy and integrity of this document chandigarh CWP-21384-2026 -4- purposes. He further submitted that it would be in the interest of the village and surrounding villages in case a high-level stadium is developed, for which the Executive Engineer, Panchayati Raj has already sanctioned 44.58/- lacs and also issued an allotment letter in this regard. He also submitted that once the project has been sanctioned and work has commenced and the development will benefit the villagers, then there is no ground available with the petitioner to have filed the present writ petition and therefore, has prayed for dismissal of the petition. 7. Ms. Shruti, AAG, Punjab, who also appeared on the basis of supply of the advance copy of the present petition, submitted on instructions from Mr. Inderdeep Singh, L.A. (RDP) that submission made by learned counsel for the petitioner that no notice was given when respondent No.7 filed an appeal before the Administrative Secretary, Department of Rural Development and Panchayats, Government of Punjab, is misconceived and incorrect. During the course of hearing, she supplied a copy of the order dated 10.11.2022, whereby the Financial Commissioner, Government of Punjab issued notices and she also referred to an order dated 03.08.2023 whereby it was so directed that a copy of the appeal be sent to the DDPO, Kapurthala with a direction to submit a fresh report after visiting the spot. The orders supplied by learned State Counsel are hereby taken on record as Mark ‘X’. Registry is directed to tag and paginate the same at an appropriate place in the paperbook. 8. Learned State Counsel further submitted that the decision of the Gram Panchayat, which was approved by the Administrative Secretary, Department of Rural Development and Panchayats, Government of Punjab, to develop a stadium in the village was a matter of their own wisdom and BHUMIKA BHATI 2026.07.23 11:31 I attest to the accuracy and integrity of this document chandigarh CWP-21384-2026 -5- intended for the betterment of the village and surrounding areas and therefore, the finding recorded by the Administrative Secretary that the site is suitable for a playground and such development would encourage youth to denounce from drug abuse and opt for sports was a reasonable one. For these reasons, she submitted that the project cannot be said to be against public interest and has prayed for dismissal of the present petition. 9. We have heard the learned counsel for the parties. 10. Vide Annexure P-6, the Gram Panchayat, Sangatpura passed Resolution No.2 dated 07.12.2016, for construction of a stadium for football, kabaddi and other sports. The said Resolution No.2 is reproduced as under:- “Resolution No. 2: Resolution presented and passed that there is no ground in the village for the players. The Shamlat land is lying as Banjar (uncultivable), which is situated near the religious place of Sant Baba Kishan Singh Ji. This land is measuring 2 Acres. This land is hereby given for the construction of stadium of Football, Kabaddi and other sports. The name of this Stadium will be on the name of Sant Baba Kishan Singh Ji. Resolution accepted. Sd/- Rattan Singh, authorized Panch Gram Panchayat Sangatpur” 11. Thereafter, on a petition filed by Gram Panchayat in the year 2021 under Section 199(1) of the Act, the Director, Rural Development and Panchayats, Punjab allowed the petition and cancelled the aforesaid Resolution by observing that there are already two sports grounds constructed in the village and it was not in the public interest to construct a new playground. The relevant portion of the aforesaid impugned order dated 03.08.2022 (Annexure P-11) is reproduced as under:- BHUMIKA BHATI 2026.07.23 11:31 I attest to the accuracy and integrity of this document chandigarh CWP-21384-2026 -6- “.......I have reached the conclusion that there are already two sports grounds constructed in village Sangatpur. There is no requirement for a new sports ground there. As per Resolution No. 2 passed by the Gram Panchayat dated 07.12.2016, if a new sports ground is constructed, it would result in damage to Panchayat property. Moreover, the land on which the resolution for constructing the sports ground has been passed is the main source of income for the Panchayat. This resolution is not in public interest under Section 199(1) of the Act. Therefore, exercising the powers conferred upon me under the Punjab Panchayati Raj Act, 1994, I accept the petition filed by the petitioner and hereby cancel Resolution No. 2 passed by Gram Panchayat Sangatpur dated 07.12.2016....” 12. Respondent No.7 filed an appeal challenging the aforesaid order before the State Government. The Administrative Secretary set aside the aforesaid order passed by the Director and upheld the Resolution passed by the Gram Panchayat. This order is impugned in the present writ petition, which is annexed vide Annexure P-13 dated 15.01.2026. The relevant portion of the same is reproduced as under:- “.....In view of the above and after going through the record it was found that the B.D.P.O. Phagwara vide his report dated 19.01.2021 has clarified that the panchayat land comprising in Khasra No. 279 (7-4) and Khasra No. 278 (7-0) is banjar kadeem and it has been levelled for the purpose of play ground. Therefore, this is the perfect place for playground and it will encourage the youth to denounce the drugs and opt for sports. Therefore, this is the perfect case to bring it under the purview of departmental scheme regarding construction BHUMIKA BHATI 2026.07.23 11:31 I attest to the accuracy and integrity of this document chandigarh CWP-21384-2026 -7- of play grounds. Accordingly, the order of DRDP dated 03.08.2022 is quashed and the resolution dated 07.12.2016 (resolution no. 2) passed by gram panchayat Sangatpur is upheld. The Ex. Engg. (PR) Kapurthala is directed to add this village play ground in the list of playgrounds of the block and provide necessary infrastructure as admissible to other play grounds in view of its size and submit the compliance report before this court after one month. Accordingly, this appeal is accepted.” 13. A perusal of the aforesaid order would show that when the Gram Panchayat passed the Resolution dated 07.12.2016 (Annexure P-6), it was specifically recorded that the Shamlat land was lying as Banjar (uncultivable) and was allotted for construction of stadium for football, kabaddi and other sports. The Resolution does not in any way indicate a change of ownership of the land and it records allotment only for the purpose of utilising the Banjar land for construction of the stadium. The grounds on the basis of which the Director had set aside the Resolution were with regard to existence of two more sports stadiums, main source of income for Panchayat from the land and construction of a new playground was not in the interest of public. These reasons were negated by the State Government through the order passed by the Administrative Secretary. A perusal of the order passed by the Administrative Secretary would clearly show that on the basis of the report of the BDPO, Phagwara, it was clarified that the land is Banjar Kadeem, which means that it was uncultivable land and has been levelled for the purpose of playground being perfect place as it will encourage the youth to denounce the drugs and opt for sports and the proposal fell within the scope of the departmental scheme for construction of BHUMIKA BHATI 2026.07.23 11:31 I attest to the accuracy and integrity of this document chandigarh CWP-21384-2026 -8- playgrounds. 14. The first argument advanced by learned counsel for the petitioner is with regard to stopping of source of income but the same gets demolished in view of the specific finding of the Administrative Secretary based upon the report of the BDPO, Phagwara that the land is Banjar Kadeem, which means that it is an uncultivable land. So far as the second argument raised by learned counsel for the petitioner that because there are already two other playgrounds in the village and therefore, a third play ground is not required is concerned, that question was within the domain and wisdom of the Gram Panchayat and the concerned departments. This Court while exercising its powers under Article 226 of the Constitution of India would not substitute its opinion as to whether the Village requires a third playground or not and therefore, the aforesaid argument of learned counsel for the petitioner is unsustainable. So far the third argument advanced by learned counsel for the petitioner with regard to no notice being issued by the Administrative Secretary is concerned, it is also misconceived in view of the orders supplied by learned State Counsel during the course of hearing which have been placed on record as Mark ‘X’, which shows that notice was issued and hence, it cannot be said that the order passed by the Administrative Secretary was in violation of the principles of natural justice. 15. Considering the aforesaid totality of circumstances, we are of the considered view that the petitioner has neither been able to establish any infringement of law nor any legal right so as to warrant invocation of extraordinary jurisdiction of this Court under Article 226 of the Constitution of India. 16. Establishment of playgrounds in villages, when undertaken BHUMIKA BHATI 2026.07.23 11:31 I attest to the accuracy and integrity of this document chandigarh CWP-21384-2026 -9- lawfully and without contravention of any provision of law, should be encouraged and such facilities not only afford villagers and residents of neighbouring villages an opportunity for personal development but would also be instrumental in providing a positive direction to the youth towards constructive and purposeful pursuits in the shaping of their careers. Such initiatives would also serve as an effective means of combatting the menace of drug abuse. 17. Consequently, we do not find any merit in interfering with the impugned order dated 15.01.2026 (Annexure P-13) passed by the Administrative Secretary and the present petition is hereby dismissed with 5,000/- (Rupees Five Thousand only) as costs, which shall be deposited by the petitioner in the Punjab and Haryana High Court Bar Association Lawyers Family Welfare Fund within a period of three months from today and thereafter, furnish a receipt of the same in the Registry of the Court. 18. In case, the receipt is not furnished before the Registry, then the Registry shall put up this case for compliance purposes after three months and thereafter, further necessary action will be considered in accordance with law including recovery, if so required, by way of arrears of land revenue. (JASGURPREET SINGH PURI) JUDGE 16.07.2026 (SANJIV BERRY) Bhumika JUDGE 1. Whether speaking/reasoned: Yes/No 2. Whether reportable: Yes/No BHUMIKA BHATI 2026.07.23 11:31 I attest to the accuracy and integrity of this document chandigarh