The High Court may dismiss writ petitions requiring extensive evidence, directing parties to seek adjudication in Civil Court for factual determinations.

ORDER

Biswanath Somadder, CJ. - This appeal arises in respect of a judgment and order dated 10th October, 2023, passed by a learned Single Judge in WP(C) No.49 of 2017 (Sri Guru Singh Sabha and Another vs. The State of Sikkim and Others). By the impugned judgment and order, the learned Single Judge proceeded to dispose of the writ petition filed by Sri Guru Singh Sabha in the following manner:-

'15. In light of the foregoing discussions, it emanates that where the determination of the constitutional question depends upon the investigation of complicated questions of fact or of taking evidence, the High Court may dismiss the application under Article 226 of the Constitution. The issues placed before this Court as put forth in the foregoing Paragraphs require extensive evidence, which falls within the ambit and powers of a Civil Court.

16. Consequently, I am constrained for the aforementioned reasons to dismiss the Writ Petition.'

2. The present appeal has been preferred by the original writ petitioner, being Sri Guru Singh Sabha, a society registered under West Bengal Societies Registration Act, 1961. The facts of the case are briefly stated in paragraph 1 of the impugned judgment, which is reproduced hereinbelow:

'1. The discord between the Petitioners and the Respondents arise out of the allegations made by the Petitioners that, on 16-08- 2017, the 'Guru Granth Sahib Ji' and other articles of the Sikh faith, placed in the Gurudwara, constructed on the periphery of the Gurudongmar Lake in North Sikkim, was desecrated by removal from the place of worship, by the Respondent No.4, in connivance with Respondent Nos.2 and 3, without so much as a notice to the Petitioner No.1. That, the holy articles were then abandoned sacrilegiously before the Gurudwara at Chungthang, North Sikkim, thereby depriving the Petitioners of their rights to conduct the religious rituals which were imperative preceding such removal. They also allege removal of the 'Nishan Sahib' which was flying at the same place, by the same Respondents, causing sacrilege to their place and articles of worship.'

3. The reliefs which the petitioner claimed before the writ Court are set out hereinbelow:-

'(a) commanding/directing the Respondent authorities to immediately restore the Holy Guru Granth Sahib Ji, the Nishan Sahib and to fix all internal furniture and other Holy items in the Gurudwara premises at the Gurudongmar Lake as it was prior to 16-08-2017. To further direct the State-Respondents, particularly, the Respondent Nos.1 and 2 to refrain or from doing any acts and conducts to dismantle the structure of the Gurudwara at Gurudongmar Lake and after perusal of the records, causes shown, if any, upon hearing the parties may be pleased to make the Rule absolute and/or pass any order/orders/direction as deemed fit and proper for the ends of justice;

(b) a Writ and/or Order and/or direction in the nature of Mandamus directing the State-Respondents, particularly, the Respondent No.2 to take strict action against the Respondent Nos.3 and 4 both civil and criminal for the illegality and highhandedness committed on 16-082017 by removing the Holy Guru Granth Sahib Ji, uprooting the Nishan Sahib, dismantling all internal furniture and removing all other Holy items from the Gurudwara premises at Gurudongmar Lake and placing the same on the road before the Gurudawara at Chungthang, North Sikkim;

(c) a Writ of and/or Order and/or direction in the nature of Certiorari directing the Respondents and each of them to certify and transmit all the records pertaining to the instant case so that conscionable justice be done; and

(d) a Writ and/or Order and/or direction in the nature of prohibition prohibiting the Respondent Nos.1 to 3 and their servants, agents and/or assigns from taking any steps or further steps to dismantle the structure of the Gurudwara at Gurudongmar Lake.

AND

Further, it is prayed that pending disposal of the Rule the Hon'ble Court may direct the Respondent authorities to re