COCP No. 598 of 2010. ::-1-:: IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH. C.O.C.P. No. 598 of 2010. [O&M] Date of Decision: 27th July, 2011. Shri Guru Granth Sahib Dera & Anr. Petitioners through Mr. D.S.Pheruman, Advocate Versus Ranbir Singh Khatra & Ors. Respondents through Mr. N.L.Sammi, Advocate Mrs. Charu Tuli, Sr. DAG, Punjab. CORAM: HON'BLE MR. JUSTICE SURYA KANT. 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? SURYA KANT, J. [ORAL] These contempt proceedings have been initiated alleging willful disobedience of the order dated 29.07.2009 passed by this Court in exercise of its powers under Article 227 of the Constitution of India in Civil Revision No. 4215 of 2009.Operative part of the said order reads as follows:- “Having heard learned counsel for the petitioners and considering the nature of relief sought in this revision petition, I deem it appropriate to dispose of the same with a direction to respondents No. 2 and 3 to take cognizance of the complaints submitted by the petitioners regarding willful breach of the court orders and take appropriate action as may be required in law”. [2]. The genesis of the dispute lies in an unsavoury battle between two rival groups over the possessory and management rights in respect of land measuring 117 kanals 15 marlas situated in the revenue estate of village Hulka, Tehsil Dera Bassi, District SAS COCP No. 598 of 2010. ::-2-:: Nagar, Mohali. The afore-stated agricultural land is owned by Shri Guru Granth Sahib Dera of village Hulka and the dispute regarding its ownership has already been finally settled in favour of Shri Guru Granth Sahib Dera by this court in RSA No. 2323 of 1986 [Bhagat Sigh & Ors. V Basant Singh & Ors.] dismissed vide judgment dated 21.03.1991, with a categoric finding to the following effect:- “The suit property is owned by Shri Guru Granth Sahib village Halka as is clear from pedigree table Ex.D4 in which there is reference to mutation no. 297, recorded in the name of Shri Guru Granth Sahib by Sadar Bazar, Patiala. In Jamabandi, Ex.D1 for the year 1964-65, also this property is recorded as owned by Sri Guru Granth Sahib. In Jamabandi for the year 1975-76, Ex.D2 this property is shown to be owned by Sri Guru Granth Sahib through Mohatmim Basant Dass Chela Gobind Dass Udasi”. [3]. The controversy, however, did not end here. The question that arises is who is entitled to keep possession, maintain and manage the properties owned by a juristic person? While some of the residents of the village formed a so-called 'Gurudwara Sahib Welfare Society' and have asserted their right to run the affairs of Shri Guru Granth Sahib Dera and its properties, one Harkirat Singh claiming himself to be the Chela of Baba Daya Singh staked his claim to run the affairs of Shri Guru Granth Sahib Dera and its properties being its “Mohtmim”. This led to initiation of fresh civil suit proceedings by Shri Guru Granth Sahib Dera and its alleged Mohtmim – Harkirat Singh against the members of the so-called Gurudwara Welfare Society. An ad-interim injunction restraining the defendants from interfering into peaceful possession of the plaintiffs over the property in dispute was COCP No. 598 of 2010. ::-3-:: granted in favour of Shri Guru Granth Sahib Dera through its Mohtmim Harkirat Singh by the Civil Court at Rajpura which is said to have been upheld by the Appellate and Revisional Courts also. Since the members of the so-called Welfare Society were still interfering in the possession of Harkirat Singh and the police authorities were not entertaining his complaints nor were taking cognizance of those complaints that the directions to the SSP, Patiala and SHO, Police Station, Banur, as reproduced in the first para of this order were issued by this Court vide order dated 29.07.2009. [4]. The alleged inaction of the police authorities has led to initiation of these contempt proceedings. [5]. The official respondents have filed their reply/affidavit denying the allegations and asserting that the Civil Court orders passed in favour of Baba Daya Singh have not been allowed to be tempered with by any one and that certain criminal cases etc. have been registered against the Sarpanch of the Gram Panchayat and some other villages. [6]. In these circumstances when there appears to be no willful disobedience of the directions issued by this Court on the part of the police authorities, this Court is not inclined to continue with these contempt proceedings. The contempt proceedings are accordingly dropped. Rule is discharged. [7]. The fact remains that Shri Guru Granth Sahib Dera owns valuable properties which includes a huge chunk of agricultural land, which must have been proportionately contributed by the residents of village Hulka to establish Shri Guru Granth Sahib Dera for their religious, spiritual and social pursuits. The end beneficiary of the COCP No. 598 of 2010. ::-4-:: institution must, therefore, be the residents of the village only. [8]. In view of the Civil Court decree, while no one can question the ownership title of Shri Guru Granth Sahib Dera, the District Administration would still be required to decide as to who should be allowed to manage the affairs of the Dera properties? Harkirat Singh alleged Chela of Baba Dayal Singh has not been accepted by the residents of village Hulka being an outsider. Similarly, the so-called 'Gurudwara Welfare Society' also appears to be a creation of miscreants of the village as both the groups have their vultures eyes on the valuable properties of the Dera. On account of their unending fight, the residents of village Hulka are at the receiving hand. The agricultural or other properties of the Dera, if maintained and managed properly, can generate huge income for the development of the village and the Dera. [9]. The Deputy Commissioner, SAS Nagar, Mohali may, therefore, explosre the desirability of entrusting the Dera property to the elected body of the village, namely, the Gram Panchayat who can be the safest Trustee, it being answerable, accountable and responsible towards the villagers. [10]. The so-called Gurudwara Welfare Society having been discarded by the Civil Court, its members can not be associated to run the affairs of the Shri Guru Granth Sahib Dera. The appropriate recourse appears to be to treat the agricultural land and/or other properties of Shri Guru Granth Sahib Dera at par and an integral part of the shamlat deh required to be managed and looked after by the Gram Panchayat in accordance with the provisions of the Punjab Village Common Lands [Regulation] Act, 1961. COCP No. 598 of 2010. ::-5-:: [11]. This petition is accordingly disposed of with clarificatory directions to the [i] Deputy Commissioner, Mohali, [ii] District Development and Panchayat Officer, Mohali; [iii] Block Development and Panchayat Officer, Dera Bassi and [iv] Sarpanch, Gram Panchayat, Hulka, Tehsil Dera Bassi, District Mohali to conduct a public auction after due publicity to lease out the agricultural land on year to year basis and deposit the entire lease money with the Gram Panchayat, Hulka to be spent on the common causes of the village. The Deputy Commissioner, Mohali and other authorities shall be personally responsible to see that the lease proceeds are utilized only for the welfare of the village community or for the up-keep of the Dera. The land shall be leased out on yearly basis only. The lessee [s] shall be required to vacate and hand-over the vacant possession of the land to the Gram Panchayat on the expiry of the lease period, failing which any resident of the village shall be at liberty to initiate contempt proceedings against such lessee[s]. No civil Court shall grant injunction in favour of a person claiming himself to be lessee or in possession of the property in dispute. [12]. Let a copy of this order be handed-over Dasti to learned State Counsel for information and compliance. [13]. Disposed of. Dasti. July 27, 2011. ( SURYA KANT ) dinesh JUDGE