LOCAL GURDWARAS PARBANDHAK COMMITTEE, GURDWARA BABA AJAPAL SINGH JI, NABHA, DISTRICT PATIALA Vs. SHIROMANI GURDWARA PARBANDHAK COMMITTEE

JUDGEMENT

(1.) The local Gurdwaras Parbandhak Committee, Gurdwara Baba Ajaypal Singh Ji, Nabha, Gurdwara Damdama Sahib, Baba Sahib Ji Bedi, Near Railway Door, Nabha, Gurdwara Bauli Sahib, Patshahi, Nabha, Gurdwara Manji Sahib, Nabha through Aaya Singh and Ujagar Singh, members of the Local Gurdwaras Parbandhak Committee, Gurdwara Baba Ajaypal Singh Ji, have filed this writ petition under Article 226 of the Constitution of India for issuance of a writ in the nature of mandamus directing the respondent to restore the property, accounts, building, management and other documents of the Gurdwaras to the petitioners.

(2.) Not primarily, but exclusively, the relief asked for is based on the ground that the possession of these Gurdwaras was taken in pursuance of an ordinance issued by the Punjab Government (No. 9 of 1986) which was so issued under Article 213 of the Constitution of India on November 18, 1986 and inasmuch as the said ordinance entitling the Shiromani Gurdwara Parbandhak Committee (for short S.G.P.C) to take possession of the Gurdwaras, has been struck down in Civil Writ Petition No. 1497 of 1987 (Local Gurdwara Parbandhak Committee v. State of Punjab) decided on September 13, 1991 by Division Bench of this Court, respondent-S.G.P.C. is bound to restore the possession of the entire properties of the Gurdwaras taken by it, to the petitioners.

(3.) The matter has been contested and even though it has been admitted that the ordinance, referred to above, has been struck down, no writ can be issued in this case, in view of the fact that possession was taken on November 2, 1986 on the basis of resolution passed by the petitioner-Committee itself and not on the basis of the ordinance, referred to above. With a view to support the factual position, as stated above, resolution of the Committee has been annexed as Annexure R-1. It is true that in English translation thereof, the resolution has not been mentioned but a photostat copy of the original has been attached with the written statement which, when translated into English, reads thus :-