LAWS(HPH)-2012-7-294

SANTA SINGH Vs. KANWAR CHARANJIT SINGH

Decided On July 27, 2012
Sh. Santa Singh, S/o Sh. Makhan Singh, R/o Mairi, Tehsil Amb, District Una, H.P., President Gurdwara Manji Sahib, Mairi, Tehsil Amb, District Una, H.P. Appellant
V/S
Kanwar Charanjit Singh, S/o Sh. Guru Amarjit Singh, Dera Baba Barbhag Singh Ji, Mairi, Tehsil Amb, District Una, H.P. Respondents

JUDGEMENT

(1.) This petition under Section 482 of the Code of Criminal Procedure (for short 'Code') has been filed for setting aside, quashing summoning order dated 31.05.2011 passed by learned Judicial Magistrate Ist Class, Court No. 1, Amb, in Criminal Complaint No. 84-1/2009 and also for quashing Criminal Complaint No. 84-1/2009. It has been stated in the petition that petitioner is devotee and managing affairs of Gurdwara Manji Sahib, Mairi, as President. There is another Gurdwara Dera Baba Barbhag Singh Ji controlled and managed by respondent adjacent to Gurdwara Manji Sahib, Mairi.

(2.) On Khasra No. 3417 measuring 0-00-20 hectares at Mairi, in fact, there is a 'gairmumkin sarak' on the spot, but in the revenue record entry has been wrongly recorded as 'gairmumkin abadi' of Dera Baba Barbhag Singh Ji. The entry is wrong and factually incorrect.

(3.) The petitioner as President of Gurdwara Manji Sahib being most affected with the revenue entry on Khasra No. 3417, filed an application before the Assistant Collector Ist Grade for correction of nature/classification of land over Khasra No. 3417. The Assistant Collector Ist Grade passed an order on 03.11.2006 of correction to 'gairmumkin sarak' instead of 'gairmumkin abadi'.