K.Kannan - (1.) THE writ petitioner, who is a non-notified gurdwara, challenges the order of eviction passed under the Punjab Religious Premises & Land (Eviction and Rent Recovery) Act, 1997 (for short, 'the 1997 Act'). THE order had been passed on an application filed by the respondent-Gurdwara Sahib Gurdwara Shahid Baba Karam Singh, through the President of the Managing Committee of the Gurdwara. THE contention in defence had been that the property belonged to the Gurdwara Sahib Gurdwara Shahid Baba Karam Singh and in an earlier round of litigation when the SGPC had taken action, it was found by the Sikh Gurdwara Judicial Commission that the said Baba Karam Singh Gurdwara was not within the jurisdiction of SGPC. It is also contended that the property does not belong to the respondent-Gurdwara Sahib, Baddon and the petition itself is barred by the adjudication by the Judicial Commission.
(2.) IT is necessary to bring out the facts as set out in the order of the Collector before whom the petition for eviction had been filed under Sections 4 and 5 of the 1997 Act. IT is contended that the property in Khasra No.286/2 of an extent of 5 kanals and 11 marlas situate in the Village Baddon, belonged to the Gurdwara Sahib, Baddon and it had been illegally encroached by Shahid Baba Karam Singh Gurdwara. While eliciting information about the ownership, the Collector had appointed a Commissioner to submit an exact position at the spot and Shri Gurnam Singh, Tehsildar, Garhshankar, had visited the spot and submitted a report on 29.09.2005. In the report, on perusal of the revenue record, it was seen that Misal Haqiat Khasra No.286/2, measuring 5 kanals and 11 marlas of land, was entered in the ownership of Gurdwara Baddon. In column of cultivation, Mr. Naranjan Singh son of Khushal Singh and Narain Singh son of Nanak Singh had been entered as gair maurusai in equal share. The inspection note also revealed that there was a gair mumkin samadh in an area of 1 kanal out of 5 kanals and 11 marlas. The person, who was representing the applicant-Gurdwara, admitted in the cross-examination that Shahid Baba Karam Singh Gurdwara was a separate Gurdwara and the said Gurdwara was the samadh of Shahid Baba Karam Singh. The Collector, therefore, held that the construction over the area of 1 kanal belonging to the samadh of Shahid Baba Karam Singh, could not be said to be illegal, because the samadh had been entered in the revenue records. It was brought out as a matter of record that further constructions had been made at the time when Shri Sheetal Singh was the President of both the gurdwaras. It was sought to be explained by the witness speaking on behalf of the applicant- Gurdwara that when a construction was made by Shri Sheetal Singh, he did it in the capacity of President of Baddon, and not in the capacity of President of Gurdwara Sahib Shahid Baba Karam Singh Gurdwara. The order of ejectment had, therefore, been made only in respect of the property which was in excess over to 1 kanal where the Gurdwara containing the samadh of Shahid Baba Karam Singh, had been situate. The ejectment was for the balance of the extent of 4 kanals and 11 marlas which was claimed by the Shahid Baba Karam Singh Gurdwara on a finding that the said extent could not be said to be the property under the lawful occupation of the Shahid Baba Karam Singh Gurdwara, the order of ejectment was made.
(3.) THERE had been also other technical objection that the case had not been instituted by a person, who was duly authorized by it. It was also contended that there was no prior notice under Section 4 before the action for ejectment was taken. The Collector found that there were copies of the resolutions produced that showed that the person, who had filed the petition and given the verification, had the competency to file the case and there cannot be valid action as regards the maintainability. It was also found that the notice to Baba Karam Singh Gurdwara had been issued by munadi and, therefore, the notice was sufficient to sustain the petition. On an appeal filed to the Commissioner, the Commissioner affirmed the same and dismissed the appeal filed by the Baba Karam Singh Gurdwara. A review application filed was also dismissed holding that there was no scope for review. The orders passed by the respective authorities are the subject of challenge by the respondents in the application, who were ordered to be ejected from the property.;