MAHANT GURDEV DASS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present petition has been tiled by Mahant Gurdev Dass under section 482 Cr P.C for quashing the police report dated 28.3.1993 Annexure p15 and notice dated 30.3.1993 Annexure p/6 issued by sub Divisional Magistrate, Malerkotla and also the proceedings initiated under section 145 Cr. P.C.

(2.) The brief facts of the case are that Vikram Singh, Station House Officer, Police Station, Malerkotla reported to sub Divisional Magistrate, Malerkotla that there was a Dera in village Mithewal to which land measuring 147 Bighas was attached. Mahant Vttam Dass was the manager of the Dera and on his death the land was mutated in the name of Kesar Dass on 16.6.1992 on the ground that he was his Chela. The entries in the Khasra Girdawari since 1987 were in the name of Joginder Dass, brother of Kesar Dass. On 25.12.1991 people of village Mithewal constituted a committee consisting of seven members for the management of the property of the Dera and later on this Committee and the Panchayats of adjoining villages appointed Gurdev Dass, Chela Vttam Dass, as the Mahant. Kesar Dass in fact was never appointed as Mahant by Vttam Dass in his life time and he was only related to Mahant Vttam Dass being his nephew. Mahant Gurdev Dass Claimed to be in possession of the property belonging to Dera, while on the basis of mutation and entries in the Khasra Girdawari in the name of Joginder Dass the respondents asserted their possession over the property. There was, thus, a dispute regarding possession of the property, which could result in the commission of a heinous crime.

(3.) In view of the above report and other material placed before him, the sub Divisional Magistrate, Malerkotla felt satisfied that there was a dispute between Mahant Kesar Dass etc. Party No. 1 and Mahant Gurdev Das and others Party No. 2 over 147 Bighas of land situated revenue estate of village Mithewal, so he issued notice to the parties to appear before him and file their respective claims.