Delhi High Court
Gurudwara Shri Guru Singh Sabha vs Mr Shailendra Singh & Ors. on 30 November, 2022
$~73
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CONT.CAS(C) 961/2022
GURUDWARA SHRI GURU SINGH SABHA ..... Petitioner
Through: Mr Inderbir Singh Alag, Senior
Advocate with Mr A.K. Tripathi,
Advocate.
versus
MR SHAILENDRA SINGH & ORS. ..... Respondents
Through: Mr Divyan Nanadrajog, Panel
Counsel GNCTD with Mr Bhrigu
Pamidighantam, Mr Mohd. Shahid
Khan, Advocates and Insp.
Dharamendra Kumar P.S. Preet Vihar
counsel for respondent nos. 4,5 & 6.
CORAM:
HON'BLE MS. JUSTICE MANMEET PRITAM SING ARORA
ORDER
% 30.11.2022
CM 51772/2022 (for appointment of local commissioner)
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
Signature Not Verified
Digitally Signed By:PRAMOD
KUMAR VATS
Signing Date:03.12.2022
14:14:20
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,
Signature Not Verified
Digitally Signed By:PRAMOD
KUMAR VATS
Signing Date:03.12.2022
14:14:20
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 June, 2014, 18th 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
Signature Not Verified
Digitally Signed By:PRAMOD
KUMAR VATS
Signing Date:03.12.2022
14:14:20
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 June, 2014, 18th 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
Signature Not Verified
Digitally Signed By:PRAMOD
KUMAR VATS
Signing Date:03.12.2022
14:14:20
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.
15. List on 06.01.2023.
MANMEET PRITAM SINGH ARORA, J
NOVEMBER 30, 2022
pkv/kv
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Signature Not Verified
Digitally Signed By:PRAMOD
KUMAR VATS
Signing Date:03.12.2022
14:14:20
