RADHA SOAMI SATSANG BEAS Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has approached this Court seeking quashing of the order dated 30.9.2014 passed by the Defence Estate Officer, Agra Circle, Agra Cantt. rejecting the prayer of the petitioner for withdrawing the letter dated 12.6.2013 and restricting the petitioner from gathering large number of persons on the premises in dispute for continuation of Satsang/entering the domestic/residential Bungalow as well as construction of boundary wall and repair work of the premises in question.

(2.) The petitioner is stated to be a religious and charitable Society registered under the Societies Registration Act, 1860. The property in dispute is stated to be a Bungalow having outhouses and other construction beside a large open area. The said property is surrounded by a boundary wall which is somewhat in a dilapidated condition. The Bungalow is being used for the purposes of holding Satsang. It is stated that since the boundary wall is in a poor condition and broken at places allowing stray animals to enter on the premises, the Society on coming into possession of the property started construction work of the boundary wall. It was at this time that the Cantonment authorities came and tried to prevent the members of the Society from constructing the boundary wall or repairing the same. The petitioner thereupon filed a civil suit no. 382 of 2013 for injunction restraining the respondents from interfering with the peaceful possession of the petitioner over the suit property and the Court of the Civil Judge, Agra by order dated 18.3.2013 granted the injunction restraining the respondents from interfering or disturbing the peaceful possession of the petitioner over the suit property in any manner and also restraining the respondents from demolishing the boundary wall on the premises in dispute.

(3.) It is stated that on 12.3.2013 itself a notice was served upon the petitioner's Society under Section 5-A of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 (the Act, 1971) (Annexure-7 to the writ petition). The petitioner challenged the said notice in a writ petition no. 24801 of 2013 and on 3.5.2013, the Court was pleased to grant an interim order staying the impugned notice dated 12.3.2013. Thereupon the respondents issued a fresh notice dated 12.6.2013 addressed to Shri Deepak Poptani and Shri Ajay Sethi as caretaker of the property on behalf of Radha Soami Satsang Beas in respect of the Old Grant Bungalow No. 33. The language of this notice would show that the allegation against the petitioner's Society was of whitewashing the boundary wall for purpose of future use of open land for construction purposes. This notice was challenged by the petitioner's Society alongwith Deepak Poptani and Ajay Sethi in writ petition no. 36425 of 2013. The said writ petition was disposed of by a Division Bench of this court by order dated 9.7.2013 with the following observations: