GURUDWARA SHRI GURU SINGH SABHA Vs. STATE

JUDGEMENT

(1.) A plot of land measuring about 6000 sq. yards situateat G Block opposite Satya Service Station, Hari Nagar, Delhi, belonged toShri Bans Gopal deceased father of the Rajesh Gopal etc., respondent No. 3.On the morning of 9/04/1982, a serious dispute took place between thepetitioner, Shri Guru Singh Sabha, which is a registered body, with S. S.Mann as its President, and respondent No. 3 with regard to possession of theland. The Station House Officer, Police Station Janak Puri, on receipt of awireless message about the dispute reached the spot along with some membersof the staff. He found that about 150 persons including ladies and childrenbelonging to Sikh Community were raising a wall on the plot in dispute.Some 'Qanats' had been filtted along the plot and an improvised small roomhad also been built. One 'Nishan Sahib' i.e. a flag used as a holy symbolindicating the existence of a Sikh Gurudwara was also found at the spot.Rajesh Gopal, respondent No. 3, too was there.

(2.) On enquiry it transpired that there was a serious dispute withregard to the possession of the plot in as much as respondent No. 3 claimed tohave been in possession of the plot as the legal heir of Bans Gopal while thepetitioner asserted that they had been using the plot since 1956 as it had beendonated by the late Shri Bans Gopal, who was a Sikh devout and used tovisit Gurdwara Guru Singh Sabha situated just close to it. The petitioneralso asserted that Bans Gopal had executed a Will dated 10/01/1979bequeathing the said property to the petitioner and appointing one GianiRam Singh as the sole Executor of the Will. Finding that there was imminentdanger of breach of peace, the SHO drew up a Kalendra and submitted thesame to the S.D.M , Panjabi Bagh, for initiation of proceedings under Section145 of the Code of Criminal Procedure (for short 'the Code'). On receipt ofthe Kalendra the S.D.M. personally inspected the spot on 12/04/1982and on 13/04/1982 he drew up a preliminary order under Section 145(1) of the Code. Both the parties were required to appear on 30/04/1982 and file their written statements, documents and list of witnesses etc.on which they intend to rely with regard to the fact of actual possession ofthe subject of dispute. Respondent No. 3 moved an application on the sameday for attachment of the property in dispute under Section 146 of the Code.A report was called from the S. H. O. who, after giving a resume of theincident, reported that the atmosphere was tense and it could flare up into a indu Sikh roit any moment. So, considering that the case was one ofemergency and both the parties were inclined to disturb the status quo, thelearned S.D M. passed an order of attachment of the property in dispute withimmediate effect He then directed the S.H.O. Janakpuri to take possessionof the said plot but he should take care that the holy 'Garanth Sahib' andthe holy 'Nishan Sahib' along with other articles of religious nature whichexisted on the disputed plot be shifted to the nearby Gurudwara or someother convenient place in a manner which may not hurt the religious sentiments of the parties.

(3.) The petitioner went in revision against the said order but it wasdismissed by the learned Additional Judge vide order dated 17/04/1982 onthe short ground that the impugned order being of inter-locutory nature, norevision was competent against the same under Section 397(2) of the Code.Reliance inter alia was placed by him on Mathura Lal v. BhanwarLal andothers (AIR 1980 SG 242) wherein it was held that the Magistrate's Jurisdiction does not come to an end if an attachment is made on the ground ofemergency under Section 146.