Dismissed

Sant Vijay Muni Th. General Attorney Joginder Singh v. Commissioner Jalandhar & Anr.

Punjab & Haryana HC21 Jul 2011CWP/12725/2011

Case brief

AI extract

What is this about?

In this CWP, the petitioner sought quashing of orders allowing summary eviction proceedings against her by a religious institution. The Court dismissed the petition holding that the institution had established its title and no relief was due.

What did the court decide?

Writ petition dismissed; no interference in the orders for summary eviction.

Sant Vijay Muni Th. General Attorney Joginder… — Property and Title | Punjab & Haryana HC (2011)

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CWP No. 12725 of 2011. ::-1-::

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IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH.

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C.WP No. 12725 of 2011 . [O&M] Date of Decision: 21^st July, 2011 .

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Sant Vijay Muni

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Petitioner through Mr. Munish Gupta, Advocate

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Versus

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Commissioner, Jalandhar Division, Jalandhar & Anr. Respondents.

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CORAM:

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HON'BLE MR. JUSTICE SURYA KANT.

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1. Whether Reporters of local papers may be allowed to see the judgment?

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2. To be referred to the Reporters or not?

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3. Whether the judgment should be reported in the Digest?

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SURYA KANT, J. [ORAL]

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In this Civil Writ petition, the petitioner Sant Vijay Muni claiming herself to be Cheli Mahant Jamna Dass through her General Attorney, seeks quashing of the orders dated 18.10.2010 [Annexure P-8] passed by the Commissioner, Jalandhar Division, Jalandhar upholding the order dated 24.03.2009 [Annexure P-5] passed by the Collector, Hoshiarpur.

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[2]. Dera Bambeli of Udasin Sect through its Mahant Beant Dass Chela Mahant Nand Ram filed a petition under Sections 4 and 5 of the Punjab Religious Premises and Land [Eviction and Rent Recovery] Act, 1997 against the petitioner with a prayer to decide the said application in a summary manner. Though, the Collector declined to decide the said application in a summary manner, on an appeal by the Dera, the Commissioner, Jalandhar Division, Jalandhar issued a direction for summary disposal of the said application. The petitioner felt aggrieved and approached this Court in CWP No.

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CWP No. 12725 of 2011. ::-2-::

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12491 of 2009 which was allowed to the extent that the order passed by the Commissioner, Jalandhar Division was set aside and he was directed to decide the appeal afresh.

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[3]. Thereafter, the Commissioner, Jalandhar Division has passed the impugned order dated 18.10.2010 reiterating that the petitioner and her General Attorney are liable to be evicted summarily from the property in dispute.

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[4]. Aggrieved, the petitioner has approached this Court again.

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[5]. The uncontroverted facts on record are that after the death of Mahant Nand Ram of Bambeli Dera, Mahant Beant Dass was appointed as Mahant of the Dera by the Udasin on 26.07.1974. The petitioner on the other hand claimed herself to be Cheli of one Mahant Jamna Dass Chela Uttam Dass and asserted her right to manage the affairs of the Dera. The petitioner, however, lost the said litigation up to the Hon'ble Supreme Court and resultantly Mahant Beant Dass stood declared as a validly appointed Mahant. It is after the finalization of the said litigation that the Dera through Mahant Beant Dass has filed the petition under Section 4 and 5 of the 1997 Act and prayed for its summary disposal as no evidence was required to be recorded. The petitioner wanted to stall those proceedings through a civil suit but the ad-interim injunction having been declined, she withdrew the said suit. The petitioner is apparently in unauthorized possession of the properties of a religious and charitable institution and that being so, the directions issued by the Commissioner, Jalandhar Division to decide the petition under Section 4 and 5 of the 1997 Act in a summary manner calls for no

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CWP No. 12725 of 2011. ::-3-::

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interference by this Court. The fact that a General Attorney of the petitioner is fighting the litigation on her behalf also suggests proxy war on her behalf as some one else appears to be in actual physical possession of the properties. The Dera Bambeli through Mahant Beant Dass has established its title up to the Hon'ble Supreme Court and there is no rhyme or reason to deprive the Dera from the

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possession of the said properties.

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[6]. Dismissed.

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July 21, 2011. dinesh

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( SURYA KANT ) JUDGE

Sant Vijay Muni Th. General Attorney Joginder Singh v. Commissioner Jalandhar & Anr.

Case brief

What is this about?

What did the court decide?

Sant Vijay Muni Th. General Attorney Joginder Singh v. Commissioner Jalandhar & Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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