GURDUWARAPRABHANHAK COMMITTEE Vs. STATE OF JK

JUDGEMENT

(1.) We have received the Mediation Report. The report indicates that the mediation process has failed.

(2.) The present appeal is directed against the order dtd. 27/5/2016 in OWP No. 879/2016which has been passed by a learned Single Judge of this Court.

(3.) Two points have been urged before us by the learned counsel for the appellant. The first point is that although the appellant was respondent No. 6 in the writ petition, the impugned order has been passed in his absence without affording any opportunity of hearing to presenthis case before the learned Single Judge. The second point that has been urged by the learned counsel for the appellant is that the very premise on which the order was passed was wrong. In that order, it has been recorded that the petitioner's grievances is that he has been elected as the President of the District GurdwaraPrabhandhak Committee, Srinagar, but that the outgoing President is not handing over the charge of the records and property of the Gurdwara falling in the vicinity of District Srinagar. This representation of facts is not correct inasmuch as the actual dispute is between the two different Committees i.e., District GurdwaraPrabhandhak Committee, Srinagar and District GurdwaraPrabhandhak Committee, Budgam. Hitherto, the Gurdwara in question was being managed by District GurdwaraPrabhandhak Committee, Budgam, but due to re- organization of the District, it has now fallen within the District Srinagar and the dispute in issue is as to who would be entitled in law to manage and control the saidGurduwara and the associated disputeis which authority is authorized to direct that the management of the Gurduwarain question should be in the hands of one Committee or the other.