KIRAN Vs. JAI JAWALA LANGAR SAMITI, BATHINDA

JUDGEMENT

(1.) The present application under Section 151 of the Code of Civil Procedure has been maintained by the applicantrespondent for modification of order dated 2nd November, 2017, passed by this Court in CMP No. 9268 of 2017. As per the applicant, since the year 1987 the applicant is performing Bhandara/Langar during the Navratras and the next Navratras are going to commence from 29th September, 2019 and will last till 7th October, 2019. Further, the applicant has been conducting the Bhandara/Langar at the disputed place since the year 2000, but, since the disputed place has wooden pillars and slabs meant for the purposes of construction, which will hinder the holding of Navratras Bhandara/Langar held by the Langar Samiti, the present application may be allowed and order to allow the applicant to remove these wooden pillars and slabs, clean up the area and place carpets/rugs may be passed, so that the Bhandara/Langar can be conducted at the disputed place. Furthermore, the applicant may be allowed to place kitchen utensils for cooking etc. to be placed in the vicinity of the disputed place for the Bhandara/Langar to be conducted efficiently. The application is duly supported with an affidavit. Reply to the application has been filed (though differently numbered) and it is averred that the premises was not constructed in the year 1987 nor any Langar has been held in the same place and the applicant cannot be permitted to change the status quo position, as they have flouted the orders of this Hon'ble Court by raising the illegal and unauthorized construction. Further, the applicant wants to use the premises which they have no right, as such, the applicant cannot be permitted to run the Langar in the premises or alter and remove the existing situation and cannot permitted to conduct and hold Bhandara in the premises or use the premises for cooking or storing utensils etc. Lastly, a prayer for dismissal of the application has been made. In rejoinder to the reply, the contents of the application are reiterated and contents of the reply are denied.

(2.) This Court on 02.11.2017 has passed the following order:-

(3.) As per the submission made in the application, the applicant/respondent wants to hold Bhandara/Langar at the disputed place during the Navratras. This Court finds that the place was earlier not owned by the present applicant and they had got this premises from the year 2016, after it was gifted to the present applicant i.e. Jai Jawala Langar Samiti Bathinda. As per the applicant, they are holding Bhandara/Langar during the Navratras for the pilgrims coming to Jawalaji Temple from the year 2000 every year. The non-applicants/petitioners, who are challenging the orders passed by learned Courts below before this Court, has a case that the present applicant is raising the construction not only on the old existing house which was donated to them, but, in addition to that, by blocking the path of the non-applicants/petitioners.