GURDWARA SHRI GURU SINGH SABHA Vs. STATE

JUDGEMENT

(1.) A plot of land measuring about 6000 sq. yards situate at G. Block opposite Satya Service Station, Hari Nagar, Delhi, belonged to Shri Bans Gopal deceased father of Rajesh Gopal etc, respondent No. 3. On the morning of 9th April, 1982, a serious dispute took place between the petitioner, 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 the land. The Station House Officer, Police Station Janak Puri, on receipt of a wireless message about the dispute reached the spot along with some members of the staff. He found that about 150 persons including ladies and children belonging to Sikh Community were raising a wall on the plot in dispute. Some 'Qanats' had been fitted along the plot and an improvised small room had also been built. One 'Nishan Sahib' i.e. a flag used as a holy symbol indicating the existence of a Sikh Gurdwara 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 with regard to the possession of the plot inasmuch as respondent No. 3 claimed to have been in possession of the plot as the legal heir of Bans Gopal while the petitioner asserted that they had been using the plot since 1956 as it had been donated by the late Shri Bans Gopal, who was a Sikh devout and used to visit Gurdwara Guru Singh Sabha situated just close to it. The petitioner also asserted that Bans Gopal had executed a will dated 10th January, 1979 bequeathing the said property to the petitioner and appointing one Giani Ram Singh as the sole Executor of the will. Finding that there was imminent danger of breach of peace, the SHO drew up a Kalendra and submitted the same to the S.D.M., Punjabi Bagh, for initiation of proceedings under section 145 of the Code of Criminal procedure (for short 'the Code'). On receipt of the Kalendra the S.D.M. personally inspected the spot on 12th April, 1982 and on 13th April 1982 he drew up a preliminary order under section 145(1) of the Code. Both the parties were required to appear on 30th April, 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 of the subject of dispute. Respondent No. 3 moved an application on the same day for attachment of the property in dispute under Section 146 of the Code. A report was called from the SHO who after giving a resume of the incident, reported that the atmosphere was tense and it could flare up into a Hindu Sikh riot any moment. So, considering that the case was one of emergency and both the parties were inclined to disturb the status quo, the learned S.D.M. passed an order of attachment of the property in dispute with immediate effect. He then directed the S.H.O. Janakpuri to take possession of the said plot but he should take care that the holy 'Granth Sahib' and the holy 'Nishan Sahib' along with other articles of religious nature which existed on disputed plot be shifted to the nearby Gurdwara or some other convenient place in a manner which may hurt the religious sentiments of the parties.

(3.) THE Petitioner now seeks to invoke the inherent powers of this Court under section 482 of the Code for quashing the direction with regard to the removal of 'Nishan Sahib' from the plot in question only. It appears that Shri Guru Granth Sahib and the other religious articles, if any, existing on the plot have already been removed in compliance with the impugned order. Indeed, it was so stated by the learned counsel for the State as well as respondent No. 3.