IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH

Civil Writ Petition No.20810 of 2020

Date of Decision: January 13, 2021

Jaswant Kumar & others

..... PETITIONER(S)

VERSUS

State of Haryana & others

..... RESPONDENT(S)

. . .

CORAM:

HON'BLE MR. JUSTICE JASWANT SINGH

HON’BLE MR. JUSTICE SANT PARKASH

. . .

PRESENT: - Mr. Haneet Sharma, Advocate, for the petitioners.

Ms. Shruti Jain Goyal, Deputy Advocate General,

Haryana.

Mr. J.P. Sharma, Advocate, for respondent Nos.3 to 5.

. . .

Sant Parkash, J

The prayer in the instant writ petition is for quashing the

order dated 11.09.2020 passed by respondent No. 2 (Annexure P-12)

rejecting the application submitted by the petitioners. Further prayer is for a

direction to respondent Nos. 2 and 3 to restore the cremation ground

belonging to the petitioners and other residents belonging to Barahmins and

Backward Classes.

The facts of the case are that there are five cremation

grounds in village Panjokhra belonging to different castes. The cremation

MANINDER

2021.01.15 11:29

I attest to the accuracy and

integrity of this document

CWP 20810 of 2020 [2]

ground belonging to the petitioners and other persons of the community is

adjacent to the wall of Gurdwara Panjokhra Sahib and the cremation ground

belonging to the Sikh Community is situated on the other side of the road,

within abadi. The other cremation grounds are outside the abadi of the

village. There was a dispute regarding the path initiated by one Malkiat

Singh with regard to the land of the cremation ground. This matter was

brought before the Panchayat. A compromise was effected between the

parties on 18.03.2002 (Annexure P-1) and it was decided that the plot where

barbed wires have been affixed, belongs to cremation ground and no person

has any right to interfere in the said land.

In the year 2013, Joginder Singh and Malkiat Singh

threatened to forcibly occupy the land. The persons belonging to Barahmin

community and Backward Class made a complaint dated 16.09.2013

(Annexure P-3) in this regard to the Superintendent of Police, Ambala. The

Secretary, Manager Gurdwara Panjokhra Sahib also filed a complaint. Baljit

Singh, Manager of the Gurdwara made a specific statement (Annexure P-5)

that the dispute was with regard to construction of a shed in the cremation

ground adjoining the gate of Gurdwara Sahib. A compromise dated

20.09.2013 (Annexure P-4) was effected between the parties before the

Gram Panchayat and it was decided that the site would remain as cremation

ground and nobody can raise construction over it. In view of the

compromise effected between the parties, SHO Police Station, Panjokhra

prepared a report dated 23.09.2013 and submitted the same before the

Deputy Commissioner of Police, Ambala on 27.09.2013 (Annexure P-6).

Learned counsel for the petitioners has submitted that

respondent No. 5-Amarjit Singh, Sarpanch, Gram Panchayat, Panjokhra,

wanted to utilize the land of cremation ground, abutting the wall of

MANINDER

2021.01.15 11:29

I attest to the accuracy and

integrity of this document

CWP 20810 of 2020 [3]

Gurdwara, for Gurdwara or other purpose without calling the meeting of

Gram Sabha or Gram Panchayat. On 12.06.2020, respondent No. 5 removed

the barbed wire and cement pillar and uprooted the trees standing in the

cremation ground with the help of BDPO and police personnel. In this

regard, petitioners moved a detailed representation dated 13.06.2020 to the

Chief Minister of Haryana, respondent Nos. 2 and 3 and DGP Haryana,

complaining about the aforesaid illegal action of respondent Nos. 4 and 5.

However, no action was taken on the same.

Petitioners filed CWP No. 8906 of 2020 which was

disposed of by this Court on 30.06.2020 (Annexure P-10) on the submission

of counsel appearing for the State to the effect that in case r