Ramesh Nath And Another v. State Of Haryana And Others
-1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH **** Date of Decision: 18th May, 2021 Ramesh Nath and another Petitioners
Versus
State of Haryana and others Respondents
CORAM:
HON'BLE MR. JUSTICE AVNEESH JHINGAN
Present:
Mr. Kartar Singh Malik-I, Advocate for the petitioners. Mr. Deepak Bhardwaj, Deputy Advocate General, Haryana assisted by Mr. Kuldeep Singh, S.H.O., P.S. IMT, Rohtak. **** AVNEESH JHINGAN, J.
The matter is taken up for hearing through video conference due to COVID-19 situation.
This is a writ petition, seeking directions to the official respondents to provide security for protection of life and liberty of the petitioners and other members of Chamarva Dera, Rohtak. Further direction is sought to restore the Samadh on the place where it was existing. The prayer is for directions to the official respondents to take action against the private respondents for demolishing the old Samadh of Guru(s) of Aughar Pir Community in Mastnath premises. There is a prayer for directions to official respondents to register FIR against private respondents and thereafter sending matter to Central Bureau of Investigation.
-2It would be apposite to mention at this stage that both the petitioners had earlier approached this Court u/s 482 Cr.P.C. by filing CRM-M-8227-2021 [hereinafter 'CRM-M'], seeking similar prayers. The petition was dismissed on 22nd March, 2021. Order is quoted below:- "T
!"
# $ %
&''
(
)
*+ % " ,''-
.'' /
0
!" ! &''
0
)
2
3
! % *
! 1 ',%
-3- ) % % % "
3
%
4 $
)
)
%
2
5
6
%
%
3 )
$ %
2 ) &'' 2 )
)
7 ! %
-4- !" ) !" # * ! )
!
) 8 During the course of arguments, a specific query was put to learned counsel for the petitioners as to how the second petition would lie.
Mr. Kartar Singh Malik, learned counsel for the petitioners submits that on 27th March, 2021, possession of Dera was taken by the private respondents, hence this petition.
The pleadings in earlier petition and present petition are virtually similar.
While deciding the earlier petition, this Court took notice of the fact that the official respondents had made police arrangements during the Mela. The threat perceptions were considered. Learned State counsel submitted that if the petitioners approach the police apprehending threat, the same would be considered expeditiously. The Court was informed that Committees were formed with regard to allegations of demolition of Samadhis etc. The reports were ready and would to be communicated to the petitioners. The petitioners were given liberty to avail remedies in accordance with law
-5if aggrieved of the enquiry reports.
Vis-a-vis directions for registration of FIR, the petitioners were relegated to avail remedies in accordance with law in case aggrieved of non-registration of FIR.
By changing the counsel, the present writ petition is filed seeking same relief as sought under Section 482 Cr.P.C. petition. There is no grievance raised against the enquiry reports. Neither the reports are annexed nor their contents are reproduced. The grievance is that the possession of Dera has been taken over by the private respondents.
Mr. Deepak Bhardwaj, Deputy Advocate General, Haryana appearing on advance notice has sent the reports of the Commitees through electronic medium, print out of the same is taken on record. Learned State counsel on instructions, submits that there is a complaint received against the petitioner No.2 that there is transfer of Rs. 8 crores from account of petitioner No.1 to petitioner No. 2 and the matter is being investigated.
The Committees formulated after granting opportunity to the parties concerned, perusing the record available and the spot inspection report came to the conclusion that Samadhis were not found on the spot, debris (malba) was lying there as construction work of the Math was going on.
The issue raised by Ekta Manch [hereinafter 'Manch'] that 600 sq. yards of land be allocated for Samadhis of their Sadhus was
-6rejected, as the documents were produced whereby ownership was claimed by Baba Mast Nath Ayurved and Sanskrit Educational Institution Trust [hereinafter 'Trust']. The Trust assured that after renovation work of the Mandir, the Samadhis would be made but those would be under the control of the Trust.
The Manch raised the issue of ownership and partition. The Committee observed that as per the revenue record, the ownership is of the Trust, the name of Mahant Balak Nath Yogi disciple of Mahant Chand Nath is entered in the revenue record. Moreover, the issue of ownership or partition can be decided by the Court and not the Committee.
S.D.M. in his report considered the allegations of old Samadhis being removed and the complainant being threatened. In the report it was concluded that the dispute involves ownership claim of the land which can be decided by the Civil Court. The controversy being between the two private parties, no action is required to be taken by the Administration.
From the pleadings in the writ petition and from perusal of the Committee's reports, it is crystal clear that Trust and the Manch are claiming ownership over the land in dispute. The dismantling of Samadhis or possession of Dera is offshoot of the controversy of the ownership. In spite of liberty being granted by this Court in the CRM-M, instead of availing legal remedies, yet second attempt is being made before this Court by changing the heading of the petition from 'petition
-7under Section 482 Cr.P.C.' to 'writ petition'. In view of the fact that earlier petition under Section 482 Cr.P.C. with similar prayers was dismissed on 22nd March, 2021, no case is made out for entertaining the present writ petition. There is an attempt by the petitioners to camouflage ownership/ partition/ possession dispute as a criminal litigation. The conduct of the petitioners is not appreciable. Moreover, the grievance raised with regard to dispossession of petitioners from the Dera is a civil dispute, involving disputed questions of facts. No case is made out for interference in the writ jurisdiction. The petition is dismissed.
[AVNEESH JHINGAN] JUDGE 18th May, 2021
1. Whether speaking/ reasoned :
Yes
2. Whether reportable :
Yes