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2021 Supreme(P&H) 251
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Anil Kshetarpal, J.
Guru Granth Sahib Ji Gurudwara Parbandhak Committee - Appellant
Versus
State Of Punjab & Ors. - Respondent
Civil Writ Petition No. 14866 of 2019, 7405 of 2020
Decided On : 18-01-2021
G.S. Attariwala, Advocate, Anurag Chopra, Advocate, Abhay Pal Singh Gill, Advocate
The court emphasized the importance of allowing the parties to lead evidence and avail alternative remedies in a dispute involving contested facts.
Headnote:
Gurudwara Dispute - Societies Registration Act, 1860 - [Societies Registration Act, 1860] - The court considered the dispute between two societies regarding the registration and management of a Gurudwara. It found that the disputed questions of facts involved in both petitions required the parties to avail alternative remedies, particularly when the nature of the dispute could be better decided after permitting the parties to lead evidence.
Fact of the Case:
The dispute involved two connected civil writ petitions regarding the registration and management of a Gurudwara by two different societies.
Finding of the Court:
The court found that the disputed questions of facts involved in both petitions required the parties to avail alternative remedies, particularly when the nature of the dispute could be better decided after permitting the parties to lead evidence.
Issues: Dispute over registration and management of Gurudwara, jurisdiction of civil court, availability of alternative remedies.
Ratio Decidendi: The court decided to dispose of both writ petitions by relegating the petitioners to avail alternative remedies, particularly when the nature of the dispute could be better decided after permitting the parties to lead evidence.
Final Decision: Both the writ petitions were disposed of by relegating the petitioners to avail alternative remedies, particularly when the nature of the dispute could be better decided after permitting the parties to lead evidence.
JUDGMENT
Anil Kshetarpal, J. - By this order, two connected civil writ petitions i.e CWP-14866-2019 and 7405-2020 shall stand disposed of. The property in dispute in both the writ petitions is common and therefore, it is convenient to dispose of both the writ petitions by a single order.
2. Cwp-14866-2019 has been filed by Sh. Guru Granth Sahib Ji Gurduwara Prabhadak Committee seeking issuance of a writ in the nature of Certorari for quashing the impugned certificate of registration dated 15.4.2019 issued by respondent no.3 in favour of the writ petitioner-Society in CWP-7405-2020. In other words, the petitioner has challenged the registration of the Gurudwara Sri Guru Granth Sahib Singh Sabha, Village Chabal Khurd, Tehsil and District Tarn Taran on 15.4.2019.
3. In CWP-14866-2019, the petitioner has sought the following substantive reliefs:-
"(a) a Writ in the nature of certiorari for quashing of the impugned certificate of registration dated 15.4.2019 (Annexure P-14) issued by respondent no.3 whereby the respondent no.3 has registered the respondent No.5-Committee being wholly wrong, illegal and erroneous;
(b) a writ of Mandamus directing the respondents Nos. 1 to 3 to cancel the certificate of registration dated 15.4.2019 (Annexure P-14) issued in favour of respondent No.5;
(c ) for issuance of directions to respondents No. 1 to 4 to take appropriate legal steps in accordance with law against the office bearers of newly registered society i.e respondent No.6 to 14, who along with respondent No.15 are making every attempt to interfere in the functioning of Gurudwara Sahib being run by the petitioner committee in an illegal and arbitrary manner;
(d) Further for issuance of writ in the nature of Mandamus for directing the respondents Nos. 1 to 4 to appoint any Administrator for the purpose of proper functioning of Gurudwara Sahib during the pendency of present writ petition before this Hon'ble Court so that funds of the Gurudwara cannot be misappropriated;
(e) A writ of mandamus directing the respondents to decide the representation dated 18.4.2019 (Annexure P-7) in accordance with law;"
4. Pursuant to notice to respondents no. 1 to 4, a detailed reply has been filed by the Additional Registrar of Societies, contesting the writ petition.
5. In CWP-7405-2020, the newly registered Society seeks the following substantive reliefs:-
"i) Issue a writ, order or direction especially a writ in the nature of Mandamus directing the official Respondents from restraining the Respondent No. 5-12 and its members from interferring in the management/ day to day affairs of the Gurudwara Shri Guru Granth Sahib Singh Sabha situated at Village Chabal Khurd, Tarn Taran which is being managed by the petitioner society duly incorporated with the Registrar of Societies Amritsar vide the Certificate of Registration dated 15.4.2019 (Annexure P-2) vide which the affairs of the said Gurudwara are being run and sincerely managed by the members of the petitioner society which is being illegally and arbitrarily interfered by the Respondent no. 5-12 and its members thus causing a threat to the independence and life and liberty of the petitioner society and its members.
(ii) Issue of a writ in the nature of Mandamus directing the official Respondents to adjudicate upon the Legal Notice dated 23.4.2020 (Annexure P-5) and further to take necessary action on the letter dated 04.05.2020 addressed to the official Respondents to safeguard the petitioner right from managing the affairs of the said Gurudwara freely without any hindrance and address the said letter in the interest of justice.
(iii) Issue of a writ in the nature of Mandamus for the issuance of necessary directions to the Respondent No.4 to have a status quo maintained at the premises of the Gurudwara during the pendency of the writ petition or till the time the representation addressed by the petitioner is adjudicated by the concerned authorities so as to come to a conclusion determining the illegal act and unlawl
