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1975 Supreme(SC) 551

A.N.RAY, P.JAGANMOHAN REDDY, H.R.KHANNA, P.K.GOSWAMI
Dharam Das – Appellant
Versus
State of Punjab – Respondent


Advocates Appeared:
For the Appellant in Civil Appeal No. 354 of 1969 :- Mr. C.K. Daphtary, Sr. Advocate.
For the Appellant in Civil Appeal No. 1251 of 1969 :- V.M. Tarkunde, Sr. Advocate.
For the Appellants an Civil Appeals Nos. 354 and 1251 of 1969 :- Mrs. M.B. Lal, R.D. Mahant, N.S. Das Behl and P.K. Palli, Advocates.
For the Appellant an Civil Appeals No. 1222 of 1969 :- M/s. Naunit Lal, Harbhajan Singh Kathuria and Miss Lalit Kohil, Advocates.
For the Respondent in Civil Appeal No. 1251 of 1969:- Mr. D.V. Patel, Sr. Advocate.
For the Respondent No. 3 in all the Appeals:- M/s. Charan Singh and Harbans Singh, Advocates.
For the Respondent in Civil Appeal No. 354 of 1969:- Mr. V.S. Desai, Sr. Advocate, Mr. K.K. Chawla, Advocate.
For the Respondent Nos. 1, 2 in Civil Appeals Nos. 354 and 1222 of 1969 and Respondents Nos. 1 and 4 in Civil Appeal No. 1251 of 1969:- Mr. O.P. Sharma, Advocate.

JUDGMENT :

P. Jaganmohan Reddy, J. (for himself and on behalf of Ray, C. J. and Goswami, J.) - Civil Appeals Nos. 354 and 1251 of 1969 are by certificate against the judgment of the Full Bench of the Punjab and Haryana High Court in Civil Writ Petitions Nos. 514 of 1966 and 1935 of 1962 respectively in which by majority the provisions of Section 3 read with Schedule I and Sections Section 7 and 8 of the Sikh Gurdwaras Act, 1925, which were challenged were held to be valid. Following the Full Bench judgment in the above two Civil Writ Petitions, Civil Writ Petition No. 2314 of 1965 was also disposed of by a Division Bench of that High Court. Against that Judgment Civil Appeal No. 1222 of 1969 is by certificate.

2. In all these appeals the places of worship to which the impugned provisions have been made applicable were situated in the erstwhile Patiala and East Punjab States Union. After the States Reorganisation Act, 1956 when the said territories were merged, the Sikh Gurdwaras Act, 1925 (hereinafter called 'the Act') was made applicable to the places of worship situated in the areas to which the Act was made applicable by Punjab Act I of 1959 (hereinafter called 'the amending Act')

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