CRM No. M 2550 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -- CRM No. M 2550 of 2010 Date of decision: 10.02.2011 Ranjit Singh Poohla ........ Petitioner Versus State of Punjab and others .......Respondent(s) Coram: Hon'ble Ms Justice Nirmaljit Kaur -.- Present: Mr. S C Aggarwal, Advocate for the petitioner Ms Gurveen H Singh, Addl. A G Punjab for the respondent State Mr. S S Chartrath, Advocate for Mr. DPS Randhawa, Advocate for respondents No. 5 to 10 -.- 1. Whether Reporters of local papers may be allowed to see the judgement? 2. To be referred to the Reporter or not? 3. Whether the judgement should be reported in the Digest? Nirmaljit Kaur, J. (Oral) This is a petition under Section 482 Cr.P.C for issuance of directions to the SSP, Batala to prevent the respondent No. 3 to 10 to illegally dispossess the petitioner from the Gurudwara, Chhota Ghalu Ghara, Harchwal, District Gurdaspur on the behest of local MLA- respondent No. 5 Reply by way of a short affidavit of Balraj Singh, DSP, Sub Division, Qadian, P S Batala on behalf of respondents No. 1 and 2 has been filed. Paras 1 and 2 of the preliminary submissions read as under:- “1. That Lakhwinder Singh son of Shiv Singh, CRM No. M 2550 of 2010 2 Sewadar, Gurudwara, Chhota Ghalu Ghara, Harchowal, District, Gurdaspur had filed a complaint No. 12491/6/2009 to the Hon'ble Chairman, Punjab State Human Rights, Commission, alleging that Ranjit Singh Nihang son of Nazar Singh r/o Basrawan and Mohinder Singh s/o Didar Singh resident of Harchowal had damaged the crop of the complainant. The matter was reported to police but the police had not taken any action against the culprits. The complaint has further alleged that he apprehends danger to his life and property from the hands of the other party. The Hon'ble commission took cognizance of the matter and the Sr. Supdt. Of Police, Batala was asked to get the allegations contained in the complaint enquired into in accordance with law. The above said complaint was marked to the answering respondent for enquiry and report by the office of Sr. Supdt, of Police, Batala. 2. That during enquiry the report of SI/SHO Gurbinder Singh, Police Station Shri Hargobindpur was obtained and the statement of Lakhwinder Singh son of Shiv Singh and Ranjit Singh Poohla the petitioner were got recorded. From the statement, and the report of the SHO police Station Shri Hargobindpur it was revealed that the land of Gurudwara Chhota Ghalu Ghara, Harchowal, measuring 23 kanals 10 marlas, belong to SARAI RAFAI AAM, welfare society and the building of the above said Gurudwara has been constructed on it. On both sides of the boundary shops have been constructed. As the whole land is quite costly and is a source of income the three parties are stating to be the owner of the above said land namely, Lakhwinder Singh son of Shiv Singh r/o Johal Nangal who is performing the seva of the Gurudwara, Ranjit Singh, Nihang son of Nazar Singh resident of Basrawa and his co-supporter CRM No. M 2550 of 2010 3 Mohinder Singh Nihang son of Didar Singh resident of Harchowal and Bachan Singh son of Mohinder Singh r/o Bhamri, President Sarai Rafai welfare committee Adda Harchowal. All the three parties are making all out best efforts to take the possession of the above said land and in order to avoid any untoward incident the Calendar under Section 145 Cr.P.C and Calendara under Section 107/150 Cr.P.C have been prepared and presented in the Court of SDM Batlala on 08.01.2010. The further request has been made to appoint receiver for the protection of Gurudwara and the shop situated in the both sides of the Boundary wall. In view of the above, no further order is required to be passed. Accordingly, the present petition is disposed of with liberty to the petitioner to avail of alternative remedy as available in law. (Nirmaljit Kaur) Judge 10.02.2011 mohan