LACHMAN GIR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Lachman Gir and another, by means of this petition under Section 482 Cr. P.C. seek quashing of order dated September 3, 1991 passed by S.D.M. Kamal, where the land in dispute had been attached and receiver had been appointed. The petitioners also seek quashing of the entire proceedings under Sections 145 and 146 Cr. P.C.

(2.) Proceedings before the Magistrate were initiated on the basis of calender Annexure P-5. The report made by the police, when quoted, reads as follows:In brief, the facts of the present calendera are that there is a Shiv Mandir at village Bibipur Jatan which owns 129 Kanals 12 marlas of land comprised in Khewat No. 256/243, Khatoni No. 340, The Poojari of this Mandir is Lachman Gir Chela Shanti Gir. The girdawari of all the land is continuing in the name of Lachmana Gir. Lachman Gir gets cultivated all the above said land from Ram Kumar, Suresh, Desh Raj sons of Gobind, Pirthi son of Kura Ram, Naresh Son of Pat Ram, Han Ram son of Sadhu Ram. Parkash Pun and Shiv Pori also use to live with Lachman Gir in the Mandir. Lachman Gir got a decree regarding above land in his name through a suit from the Court of Sh. SS Lamba, Sub Judge, Kamal and the mutation has been sanctioned in the name of Lachman Gir on 26.6.1991. Jug Lal etc. of village Bibipur Jatan opposed the above said decree and now they say that the decree of above land has been obtained by Lachman Gir wrongly as the owner of all the above said land is Shiv Mandir, Bibipur Jattan and they doubt that Lachhman Gir will lease out the above land to some one person. Both the parties are now firm on, their respective stands. There is some sugarcane standing on some part of this land and on some of the land the Ziri crop has been sown. Lachman Gir says that the income from the crops on this land will be spend by himself. But Jug Lal etc. say that there should be a committee of this Mandir and that committee will spend the income from the crops on this land and there is tension between both the parties on this and a serious crime may take place over this land at any time. Therefore, through the present calendera, it is prayed that all the above land measuring 129 kanals 12 marlas be attached at once and the warrants of attachment be issued against both the parties so that any kind of dispute may not take place. The calendera under Sections 107/151 Cr. P.C. is being prepared against both the parties and is being submitted to the Court separately. The photostat way of TFard of this land measuring 129 kanals 12 marlas and the photostat copy of mutation are attached and it is prayed that according to the record on the basis of the annexed documents, the numbers mentioned therein, may be attached under Section 146 Cr. P.C. and the following witnesses he directed to appeal by issuing summons against them.T

(3.) Admittedly, the land in dispute is owned by an idol and in the jamabandi, it is recorded in the name of Mandir while in the column of cultivation as Lachman Gir Chela Santi Gir Chela Lal Gir Sagin Deh Gair Morshi and in column of rent as Bila Lagan Bawazah Sewa Mandir. These entries are so recorded in jamabandi for the years 1982-83 Annexure P-9 and 1987-88 P-10. Lachman Gir had brought a civil suit and obtained a decree Annxure P-i in which general public was impleaded. Validity of this decree has, however; been challenged in civil suit No. 361/91 and an injunction order was passed there in dated July 26, 1991 Annexure P-2. It is, however, conceded at the bar that this injunction had been vacated and on appeal the appellate Court had issued order of status quo. Another suit was brought by Jug Lal and others and the suit is numbered 386/91 and was instituted on July 30, 1991 and is Annexure P-3. However, Lachman Gir has not been impleaded as one of the defendants in that suit. Jug Lal and others in that suit claimed themselves to be the mcmbers of Managing body of the Mandir.