GRAM PANCHAYAT VILLAGE DHILLWAN KALAN Vs. SIKH

JUDGEMENT

(1.) The petitioner has filed this writ petition under Articles 226/227 of the Constitution of India for quashing of the order passed by Sikh Gurdwaras Tribunal, Punjab dated 26.9.1974 respondent No. 1.

(2.) The petitioner Gram Panchayat through Shri Teja Singh, Sarpanch has filed this writ petition on the ground that the Gram Panchayat is owner in possession of land measuring 75 kanals 6 marlas comprised in Khasra No. 1552,1553,1554 and 1555 situate in village Dhilwan Kalan which is Shamlat Deh. It is further stated that Shiromani Gurdwara Parbandhak Committee, Amritsar, respondent No. 2 filed an execution application with a view to get possession of land on the basis of order of the Sikh Gurdwaras Tribunal dated 26.9.1974 which they had no right to execute against the present petitioner as the land is recorded in revenue papers as Shamlat Deh. Besides this, no notice was issued to the petitioner before passing of, this order and procuring of an order against Fauja Singh Respondent - 3 who was in illegal and unauthorised possession of the land in dispute, has not clothed respondent No. 2 with any right to seek possession of the land rightly owned and possessed by the petitioner. In the support of its assertion, the petitioner referred to the order of Sub Divisional Officer (Civil) exercising powers of Collector under Punjab Village Common Lands Act, 1961 dated 23.4.1979 whereby Fauja Singh was ordered to be evicted from the land, subject matter of the present writ petition and in pursuance of this order of ejectment petitioner have been put in possession as reflected in Roznamcha Wakyati of the Patwari halqa Annexure p-4. Necessity for filing the present writ petition arose as the objection filed by the petitioner in terms of Section 47 of the Code of Civil Procedure in the pending execution were dismissed as non-maintainable. Accordingly, the petitioner prayed for setting aside the order of the Sikh Gurdwaras Tribunal dated 26.9.1974 on the grounds-

(3.) Respondent No. 2 - S.G.P.C., Amritsar filed written statement, controverting the various averments made in the written petition. In addition thereof of preliminary objections were also raised. According to respondent No. 2 notification under Section 7(3) of the Sikh Gurdwaras Act, 1925 (hereinafter referred to as the Act) was issued on 2.5.1964 claiming right, title and interest in the institution and its property. Since, at that time Mahant Fauja Singh was shown in the revenue record as the person in possession of the said property, notice under Section 7 of the Act was issued against him who filed a petition under Section 8 of the Act as well. However, it was found by the Tribunal, vide order dated 10.02.1972 that he was not a hereditary office-holder and so his petition was incompetent under Section 8 of the Act. Accordingly, notification under Section 9 of the Act dated 10.05.1974 was issued. Thereafter again Mahant Fauja Singh moved a petition under Section 10 of the Act claiming property as his personal property. This claim was dismissed by the Tribunal vide order dated 28-03-1974. Besides this, the respondents urged that the present petition has been filed after a gap of about 16 years, i.e., to say, notification under section 7(3) of the Act was issued in 1964 whereas the present petition was filed on May 1, 1980 and this way the same is liable to be dismissed. In addition to these two objections, it was urged that the judgement of the Tribunal is a judgement take and this way the present petition is wholly incompetent. On merits, it was asserted, that though it is alleged that objections filed under Section 47 of the C.P.C. were dismissed by the executing Court, yet the remedy lay by way of revision before the Previsional Court which admittedly has not been resorted to by petitioner. Even otherwise, an appeal was competent to the High Court under Section 34 of the Act and so in these circumstances, the present writ petition is wholly misconceived.