PARAMJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioners have invoked the extra-ordinary writ jurisdiction of this Court to issue a writ in the nature of certiorari to quash the orders passed on 12/6/2020(by the Director, Department of Rural Development and Panchayats, Punjab) and on 3/12/2020 (by the Financial Commissioner, Government of Punjab, Department of Rural Development and Panchayats, Chandigarh). Some facts are required to be noticed.

(2.) There is a religious place known as "Buland Baba Jogi Peer Ralla (hereinafter referred to as 'Samadh"), located in village Ralla. The aforesaid place is worshipped by a large number of devotees. Every year two religious congregations of the believers/followers are organized to permit the devotees pay their obeisance at the "Samadh". The Gram Panchayat of village Ralla manages the affairs of the Samadh. As per the case of the petitioners, the Buland Baba Jogi Peer Ralla owns 205 acres 6 kanals and 1 marla land. Out of the aforesaid land, 110 acres has been given to the Punjabi University for its neighborhood campus, 6 acres 1 kanal and 1 marla has been given to Red Cross, Punjab, 5 acres used under MNREGA Scheme of the Central Government whereas 58 acres of land has been used for planting trees and bushes. The remaining land measuring 16 acres 1 kanal and 6 marlas is being utilized as Samadh for pious and religious purposes. The Samadh is also running a school having 650 students and about 45 staff members to look after the school.

(3.) It has been noticed that various writ petitions, civil suit etc. have been filed, but for deciding this writ petition, a detailed reference thereto is not necessary. It has come on record that the Gram Sabha took a decision vide a resolution on 15/9/2014 to constitute a trust under the executive officers of the District Administration. As per the aforesaid resolution, the Deputy Commissioner, Senior Superintendent of Police, Mansa or his nominee, the Sarpanch of the Gram Panchayat, 5 members (one from each Patti) were to be co-opted and five prominent members belonging to the Chahal community were to be made trustees. Pursuant to the aforesaid resolution, an indenture of trust was executed on 21/1/2015. It has also come on record that a Civil Suit No.223-A, dtd. 21/11/2016, was filed seeking declaration and permanent injunction. In essence, the plaintiffs sought declaration that the constitution of the trust is illegal, as the property is owned by the Gram Panchayat, Village Ralla, and no private person or government official has any concern with the religious place. The aforesaid suit was dismissed on 31/10/2019, by the Civil Judge (Sr. Division), Mansa. Thereafter, the Gram Panchayat, Ralla, filed Civil Writ Petition No.26016 of 2019, directing the officials of the District Administration as well as trust not to open the currency chest. The aforesaid writ petition was withdrawn on 16/9/2019.