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2025 DAILYLAW 8183 (PNJ)

MANAGEMENT COMMITTEE GURDWARA SACHKHAND SAHIB AND OTHERS v. DISTRICT MAGISTRATE CUM DISTRICT COLLECTOR SANGRUR AND OTHERS

CWP/30032/2025 · 2026-07-14

Pankaj Jain

body2025

Judgment text

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122 Managing Committee Gurdwara Sachkhand Sahib & ors. ...... Petitioners Versus District Magistrate-cum-District Collector Sangrur, District Sangrur & ors. ..... Respondents CORAM : HON'BLE MR.JUSTICE PANKAJ JAIN *** Present :- Mr. S.S.Swaich, Advocate Mr. Deepak K.Bishnoi, Advocate Ms. Navjot Kaur, Advocate for the petitioners. Mr. H.P.S.Ishar, Addl. A.G., Punjab. Mr. Aman Pal, Senior Advocate with Mr. Balraj Sharma, Advocate for respondent No.9. *** PANKAJ JAIN, J. (ORAL) 1 By way of the present writ petition, the petitioners seek a writ in the nature of certiorari for quashing Rapat Roznamcha dated 10.04.2025 (Annexure P-12) and report dated 10.04.2025 (Annexure P-13), claiming that the proceedings have been conducted in an illegal manner and the petitioners are still in possession of the suit land. The report Annexure P-13 is merely a paper transaction. 2 As per the conceded position, Punjab Wakf Board is owner of the land in lis. Punjab Wakf Board has leased out the same to the Gurdwara POOJA SHARMA 2026.07.21 17:16 I attest to the accuracy and integrity of this document Sahib. Punjab Wakf Board filed Civil suit bearing No.316 of 01.07.2015 seeking decree of possession of the land in dispute measuring 17 kanals 18 marlas bearing khewat No.1715, Khatauni No.2680, Mustil and Kila No.632 min (17-18) situated at Sunam-B. 3 The suit was contested by the Managing Committee of Gurdwara Sahib (which was in office at the time of filing of the suit). The suit stands decided vide judgement and decree dated 30.08.2019, whereby the Punjab Wakf Board has been held entitled to take possession of the land in dispute. 4 The Managing Committee filed an appeal against the same. The appeal was dismissed for non-prosecution vide order dated 07.04.2025. Thereafter, an application was moved seeking restoration of the appeal. Order with effect to the same is on record as Annexure P-5. However, order dated 06.05.2025 shows that the application seeking restoration of appeal stands withdrawn. Subsequently, on 12.05.2025, the withdrawal of the said application was contested by the person claiming himself to be the office- bearer of the Managing Committee. There appears to be a dispute regarding Managing Committee of the Gurdwara Sahib. On the said date an order was passed which reads as under :- “CNR NO. PBSG010030212025 CIS No. CM/1412025 Managing Committee vs Punjab Waqf Board Present Sh. Vikas Garg, Advocate for applicants. File taken up today as on 06.05.2025 applicants have suffered statement that they have withdraws application for restriction of POOJA SHARMA 2026.07.21 17:16 I attest to the accuracy and integrity of this document appeal, at this stage and file was ordered to be put up in the National Lok Adalat on 10.05.2025 but same was not held on that day and was ordered to be rescheduled and no date has been fixed for the next Lok Adalat and it was Sunday on 11.05.2025. In view of statement suffered by applicants on 06.05.2025, the present application for restoration is dismissed as withdrawn. File be consigned to the record room. Pronounced. Dated: 12.05.2025. Randhir Verma, Additional District Judge Sangrur. Pirya, Steno-II (UID No.PB-0165)” 5 In the meantime, the Punjab Wakf Board leased out the suit land to the Nagar Council, Sunam. It is being claimed that a bus stand was proposed to be constructed on the land in dispute. The construction has almost reached its final stage during the interregnum. 6 Mr. S.S.Swaich, Advocate for the petitioners, however disputes that the construction has reached its final stage. 7 In view of the aforesaid facts, the present writ petition is disposed off in following terms :- (i) In case the appeal is restored and the petitioner succeeds, he shall be at liberty to seek restitution in terms of Section 144 of the Code of Civil Procedure, 1908. 8 The petition stands disposed off. ( PANKAJ JAIN ) 14.07.2026 JUDGE Pooja Sharma-I Whether speaking/reasoned: Yes/No Whether reportable: Yes/No POOJA SHARMA 2026.07.21 17:16 I attest to the accuracy and integrity of this document