LORD SHIVA CHARITABLE TRUST Vs. STATE OF HARYANA

JUDGEMENT

(1.) JUDGMENT This is a petition filed by Lord Shiva Charitable Trust through trustee/Secretary, Shri Som Parkash son of Shri Inderjit, Shri Desh Kamal son of Shri Banwari Lal and Shri Som Parkash son of Shri Inderjit aforesaid all residents of village & Post Office Jandwala Bishnoian, Tehsil Dabwali District Sirsa (Now all residents of Gali Bombay Wali, Rori Bazar, Sirsa) seeking quashing of orders dated 7.2.1997 passed by Sub Divisional Magistrate Sirsa, respondent No. 2, in respect of the proceedings under Sections 145 and 146 Cr.P.C. in the case titled as State v. B.D. Goyal and others. The copies of the orders passed by respondent No. 2, Sub Divisional Magistrate, Sirsa have been placed on record as Annexures P1 and P2. The petitioners pray for the quashing of these two orders dated 7.2.1997, Annexures P1 and P2. The proceedings under Sections 145 and 146 Cr.P.C. have been initiated on a complaint/Calendra filed before respondent No. 2. The petitioners also seek quashing of order dated 28.2.1997, copy Annexure P3, passed by Sub Divisional Magistrate, Sirsa on a petition moved by the petitioners under Section 145(5) Cr.P.C. read with Section 146 Cr.P.C.

(2.) LORD Shiva Charitable Trust (for short hereinafter to be referred as 'Trust') is said to be in a exclusive possession over the properties detailed in para 1 of the petition including buildings constructed thereon. The said property is the subject matter of the dispute in proceedings under Sections 145 and 146 Cr.P.C. pending before the Sub Divisional Magistrate, Sirsa, respondent No. 2. As per the details of the properties given in para 1 of the petition, the disputed property comprised of 14 kanals 16 marlas in 8 plots of land bearing Khasra Nos. 64/16/1/2(0-18), 25/1/1 (3-2), 82/5/1/2 (2-13), 64/15/2/1 (2-8), 15/1/2 (1-19), 16-2-1 (3-0), 24/2/2 (0-6), 26/2 (0-10) and the other land in dispute is of the share of 138/345 in an area of 17 kanals 5 marlas comprising of 7 plots bearing Nos. 63/112 (2-1), 20/2 (3-14), 64/14/2/2 (1-3), 16/1/2 (3-2), 25/1/2 (0-18), 25/2 (3-18), 82/5/2 (2-9). The area of the land possessed by petitioner No. 1, Trust comes to 16 kanals 18 marlas. It is alleged by the petitioners that Shri Sahab Ram Godara is the Chairman of the Trust while Som Parkash, petitioner No. 3 is its Secretary and trustee. The other trustees of petitioner No. 1, Trust, are Shri Banwari Lal son of Shri Mani Ram, r/o Jandwala Bishnoi, District Sirsa, Shri Gobind Ram son of Shri Prahlad Rai, r/o Shamshabad, Tehsil Sirsa, Shri Rajinder Kumar son of Shri Surja Ram, r/o Sangaria, Shri Mani Ram son of Shri Ram Rakh, r/o V. Seeto Gunno, Tehsil Abohar, Shri Inderjeet son of Shri Mani Ram r/o Jandwala Bishnoian, Shri Punam son of Shri Het Ram, r/o Seeto Gunno, Tehsil Abohar and Shri Mahabir son of Shri Amar Singh r/o Dabwali, District Sirsa. Petitioner No. 2, Shri Desh Kamal is an employee of petitioner No. 1, Trust and is also the Principal-cum-Administrator of Lord Shiva College of Pharmacy (for short hereinafter to be referred as 'College of Pharmacy'), an institution run by petitioner No. 1, Trust. The contention of the petitioners is that Shri Desh Kamal, petitioner No. 2, is in exclusive possession as a tenant of premises bearing Municipal Unit No. B-5/316 situated in Gali Bombay Wali, Rori Bazar, in the town of Sirsa on a monthly rent of Rs. 300/-. Shri Som Parkash, petitioner No. 3 is in exclusive possession as an owner of land measuring 10 kanals 7 marlas being 207/345 share of the total land measuring 17 kanals 6 marlas situated in Village Shamshabad, Tehsil and District Sirsa within Municipal limits of Sirsa Town. It was further averred that petitioner No. 1, Trust had no concern with the properties occupied by petitioner No. 2 as tenant and the properties described in para 3 of the petition i.e. an area of 10 kanals 7 marlas are possessed by petitioner No. 3, Shri Som Parkash. Petitioner No. 2, Shri Desh Kamal and petitioner No. 3, Shri Som Parkash, it was alleged, were in possession of their respective properties in their individual capacity.

(3.) NOTICE was issued to the respondents and they filed their written statement on 27.2.1997, copy Annexure P8. Respondent No. 2, Sub Divisional Magistrate, Sirsa, after hearing both the sides passed an order, copy Annexure P3, vide which he rejected the application of the petitioners. It has been contended that the order passed by respondent No. 2, vide copy Annexure P3, is against law and facts and based on conjectures and surmises. The petitioners also alleged that the ownership and possession of petitioner No. 1, Trust, of the land detailed in para 1 of the petition along with its buildings was conclusively held by the Civil Court decree dated 7.3.1992, copy annexure P9. In the said civil suit, respondent No. 4, Dr. B.D. Goyal, resident of Goyal Nursing Home, Dabwali Road, Sirsa had filed his written statement admitting the claim of petitioner No. 1. A copy of the written statement was also annexed as Annexure P10. A photocopy of the written statement of respondent No. 4 was annexed as Annexure P11. It is alleged that mutation was sanctioned on the basis of Civil Court decree, copy Annexure P9. The copy of the mutation order has also been filed as Annexure P12/P12/T.