IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P NO. 7779 OF 1988 DECIDED ON : 11.02.2009 Committee of Management Gurdwara Sahib and others ...Petitioners versus Sikh Gurdwaras Judicial Commission and others ...Respondents CORAM: HON'BLE MR. JUSTICE SURYA KANT Present : None. SURYA KANT, J. (ORAL) This writ petition has been filed seeking quashing of the orders dated 11.08.1988 and 21.09.1988 (Annexures P-6 and P-7) passed by the Sikh Gurdwara Judicial Commission, Amritsar. On the basis of consensus arrived at by learned counsel for the parties, this Court issued following interim directions on December 22, 1988 : “ Heard. Counsel for the parties agree that interim order during pendency of the writ petition may be passed to the following effect :- (1) During pendency of the writ petition, management of Gurdwara, Nadha Sahib, be handed over to S.G.P.C, Amritsar. C.W.P NO. 7779 OF 1988 -2- (2) Till the management of Gurdwara, Nadha Sahib, is taken over by S.G.P.C, the Managing Committee, who is petitioner in the writ petition, will continue prosecuting civil suit or suits filed on behalf of the Gurdwara or filed against the Gurdwara in the Courts. (3) The Managing Committee, petitioner in the writ petition, will continue managing the affairs of Patshahi Paheli, Gurdwara Sahib, Pinjore as for management of the said Gurdwara, this Managing Committee has not been suspended. (4) The Managing Committee (petitioner) will continue prosecuting the present writ petition. (5) The S.G.P.C may take over management of Gurdwara, Nadha Sahib, as early as possible. I order accordingly. The Civil Miscellaneous application is disposed of finally. Dasti orders to issue”. It further appears that since respondent NO.3 remained unserved, the matter was listed on November 22, 2007 and again on December 03, 2007 for completion of service. On December 10, 2007, it was reported that the learned counsel through whom the writ petition was filed, had unfortunately C.W.P NO. 7779 OF 1988 -3- expired. Notice was accordingly issued to Shri A. P. Bhandari, Advocate, whose presence was also recorded in some of the zimni orders. As Shri Bhandari pleaded no instructions on 18.01.2008, notice was directed to be issued to the petitioners to enable them to make some alternative arrangement. After repeated efforts, the office has reported that petitioners No.1 and 3 have already expired, whereas petitioner No.2 cannot be served for want of his correct address. In these circumstances, the writ petition is dismissed for non-prosecution. However, the interim order dated 22.12.1988, whereby the management of the subject Gurdwara was handed over to S.G.P.C, is made absolute but without prejudice to the rights of petitioner No.2 or any other aggrieved person to impugn the orders under challenge, before an appropriate Forum. FEBRUARY 11, 2009 (SURYA KANT) shalini JUDGE