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2018 Supreme(Sikk) 68

BHASKAR RAJ PRADHAN
Guru Singh Sabha, a society, registered under the West Bengal Societies Registration Act, 1961 – Appellant
Versus
State of Sikkim, service through the Secretary, Ecclesiastical Department – Respondent


Advocates Appeared:
For the Petitioner:Dr. Navin Barik, Mr. Sandip Majumdar, Mr. Ritesh Khatri and Mr. Deepu Prasad, Advocates, Mr. Amritpal Singh Khalsa, (Petitioner No.2 in person), Mr. Brijinder Singh Loumba, Advocate for Mr. Ajmer Singh Randhawa, Applicant in person in I.A. No. 5/2017. Ms. Sushmita Dong, Advocate.
For the Respondent:Mr. Karma Thinlay, Senior Government Advocate with Mr. Thinlay Dorjee Bhutia, Government Advocate, Mr. Jorgay Namka, Ms. Panila Theengh, Ms. Tashi Doma Sherpa and Mr. Karma Sonam Lhendup, Advocates

ORDER :

Bhaskar Raj Pradhan, J

1. Sri Guru Singh Sabha, a Society, registered under the West Bengal Societies Registration Act, 1961 having its office in West Bengal has filed the Writ Petition against the State of Sikkim through the Secretary, Ecclesiastical Department, the District Collector and the Sub-Divisional Magistrate, North Sikkim and the Lachen Dzumsa.

2. The Petitioner contends that in the mid eighties Sikhs in the Indian Army and Members of other professionals collected funds and built a Gurudwara at Gurudongmar Lake and placed the Nishan Sahib there. Since then the Gurudwara has been open for public to offer regular prayers and the Government of Sikkim has always issued permission to pilgrims wanting to visit. It is alleged that on 16.08.2017 the “Dzumsa” with the help and assistance of the local administration and more particularly the Sub-Divisional Magistrate removed the holy Guru Granth Sahib Ji, uprooted the Nishan Sahib, dismantled all internal furniture’s and removed the holy items from the Gurudwara premises and placed it on the road. Being aggrieved by the said act and the failure of the State in taking any steps against the conduct of the Sub-Divisional Magistr

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