Gurudwara Shri Guru Singh Sabha v. Shailendra Singh & Ors.

1. The present application has been filed by the petitioner asserting violation of the orders which are subject matter of compliance in the present proceedings and seeking the appointment of a local commissioner to verify the factual position at the Gurudwara.

2. Learned senior counsel for the Petitioner states that in spite of the order passed by this Court on 12th September, 2022 directing the 4th and 5th respondent to comply with the judgment dated 04.06.2022, the premises of the Gurudwara continue to remain unsafe for the devotees and its workers. He states that the private Respondents No. 1, 2 and 3 continue to create obstruction and hindrance in the access and operations of the Gurudwara, its devotees and the workers. He further states that though in the status report dated 10th November, 2022 filed by the Respondent No.4, the SHO Preet Vihar, had categorically stated and reported to this Court that the display board illegally erected by the private respondents has been removed, the said board has now been refixed by the private respondents after the filing of the status report by the SHO. He states that the re-installation of the display board shows that the compliance reported in the status report dated 10th November, 2022 was an eye wash.

3. He contends that it is apparent that the Respondents are flouting and making a mockery of the orders dated 09th June, 2014, 18th January, 2022 passed by the Ld. SDM, Preet Vihar read with letter dated 21st January, 2022, and also the order passed by this Court on 12th September, 2022. He states that the events as they have unfolded at the Gurudwara, post the filing of the status report is an aggravation of the contempt and non-compliance of the orders passed by this Court.

4. Learned senior counsel for the Petitioner also states that in fact after the filing of the present petition, the private Respondents have illegally started operating a motor workshop in the premises of the Gurudwara and thereby causing hindrance and obstruction. He also states that the private Respondents are hindering and obstructing the access to the main gate of the Gurudwara by inter-alia parking their vehicles in a haphazard manner in front of the main gate and along the boundary wall.

5. He relies on the photograph enclosed with the present application, wherein the main gate of the Gurudwara is seen on the left side and there is a small gate on the right side. The Court has on the print of this photograph marked the main gate as Point-A and the small gate as Point-B for ease of reference and the same is taken on record. He states that the small gate on the right side marked as Point-B is being used by the private Respondents along with the persons residing with them. He states however, as is evident from the photographs at Pages 9, 10 & 11 of the application, the private respondents have parked their vehicles in front of the main gate (Point A) of the Gurudwara, along with the boundary wall and are thereby causing obstruction and hinderance.

6. He states that all the aforesaid incidents are in violation of the orders, which are subject matter of compliance.

7. He states that the private Respondent Nos. 1 to 3 who continue to be in wilful defiance of the orders of the Ld. SDM and this Court, are not even entering appearance in the present proceedings.

8. Issue notice.

9. Learned counsel appearing for the Respondent Nos. 4 to 6 accepts notice. Respondent No.5 is present in person.

10. Learned counsel for Respondent Nos. 4 to 6, on instructions admits to the refixing of the board by the private respondents after the filing of the status report by the SHO. He, however, seeks an opportunity to ensure that the violations set out by the Petitioner in the present application are addressed by Respondent Nos. 4 to 6 in letter and spirit as per the directions contained in the orders dated 09th January, 2022 passed by the Ld. SDM, read with the letter dated 21st January, 2022, which are a subject matter of compliance in the present petition. He seeks a further opportunity for Respondent Nos. 4,[5] and 6 to comply with the orders of this Court and states that the matter be adjourned for a period of two weeks.

11. This Court is of the opinion that re-installation of the board after filing of the status report is a brazen violation of the orders and blatant disregard of these proceedings. However, before this Court determines which of the Respondents is liable for these acts of violation, Respondent No. 4 to 6 are directed to file a fresh status report ensuring due compliance of the orders 09th January, 2022 read with letter 21st January, 2022 in letter and spirit. In case the status report is not filed within the said period, the Petitioner will be at liberty to move an application for an early hearing in this matter.

12. In addition to the above, the SHO shall: (a) Verify if a motor workshop has indeed been set up in Gurudwara premises after the passing of the judgment dated 04th June, 2022 of the Ld. Additional Sessions Judge, then he shall take steps to have the said encroachment removed from the Gurudwara premises; (b)Ensure that vehicles of private respondents parked along the boundary wall of the Gurudwara are removed;

(c) Ensure no vehicles are parked by any person including the private respondents alongside the boundary wall of the Gurudwara; (d)Ensure that Respondent Nos. 1 to 3 or any person claiming through them do not cause any obstruction in the access, of the devotees and the workers of the Gurdwara, from the main gate (Point-A) of the Gurudwara;

13. Respondent No. 5 is hereby directed to ensure service of the notice of the present proceedings upon the said private Respondents for the next date of hearing.

14. With the aforesaid directions, the prayer for appointing a Local Commissioner for now is deferred. The same will be considered on the next date of hearing.