Jammu & Kashmir High Court
Shri Amarnath Barfani Langars ... vs Shri Amarnath Ji Shrine Board And ... on 3 June, 2021
IN THE HIGH COURT OF JAMMU AND KASHMIR
AT JAMMU
(THROUGH VIRTUAL MODE)
Reserved on: 01.06.2021
Pronounced on:03.06.2021
WP(C) No.429/2021
CM No. 2120/2021
Shri Amarnath Barfani Langars Organization ...PETITIONER(S)
(SABLO)
Through: Mr. Ankur Sharma, Advocate.
Vs.
Shri Amarnath Ji Shrine Board and others ....RESPONDENT(S)
Through: Mr. Anuj Dewan Raina, Advocate.
CORAM: HON'BLE MR. JUSTICE SANJEEV KUMAR,
JUDGE
JUDGMENT
1) The grievance of the petitioner, as projected in this petition, is
twofold; (1) that the respondents vide circular No.SASB/2020/983
dated 06.08.2020, have seriously impacted the right of the petitioner
to form an association and deal with the respondent Board, which is
violative of Article 19(1)(c) of the Constitution of India; and (2) that
the respondents, in terms of various communications inviting offers
dated 19th of January, 2021, has insisted for audited balance sheet of
the Langar Organization/NGO signed by Chartered Accountants for
the financial year 2018-2019, 2019-2020 and 2020-2021, as a result
CM No.2120/2021
whereof the new NGO/LO has been held disentitled to organize
langars.
2) Mr. Ankur Sharma, learned counsel appearing for the
petitioner, submits that the impugned circular dated 06.08.2020
restricts the right of the petitioner to form an association and pursue
its legitimate objects.
3) Mr. Anuj Dewan Raina, learned counsel for the respondents,
has filed objections and is on record to state that the impugned
circular is not intended to impose any restriction on the activities of
the petitioner association nor it could be construed, by any stretch of
reasoning, to be a restriction on the petitioner to form an association.
It is submitted that the petitioner association is free to deal with the
Board on the issues which affect all the Langer Organizations/NGOs
but it has to desist from raising the individual disputes of the Langar
Organizations/Samities.
4) Having heard learned counsel for the parties and perused the
relevant documents on record, I do not find any illegality or
unconstitutionality in the impugned circular.
5) A holistic reading of the circular impugned would make it
abundantly clear that the respondent Board has only provided that the
individual dispute or grievance of an NGO/Langar Organization shall
be raised by the Organization/Samiti concerned and the petitioner
association shall not file representations on behalf of such aggrieved
CM No.2120/2021
Organization/Samiti seeking to organize Langer enroute Shri
Amarnath Ji Shrine.
6) The apprehension of the petitioner that it may not be permitted
by the respondent Board to take up general causes or grievances
which are common to all the Langar Organizations/Samities is not
well-founded.
7) To allay such apprehension, this Court finds it appropriate to
clarify that while the petitioner association shall be free to make
representation(s) or raise issues which are common to organization of
langars enroute Shri Amar Nath Ji shrine. However, it shall be for the
concerned Langar Organization/Samiti to raise individual disputes,
make grievances or submit representation(s) to the Shrine Board
without involving the petitioner association. The role of the petitioner
association shall be limited and restricted to dealing with the Shrine
Board only on the matters which pertain generally to the common
issues of organization of langars by different Langar
Organizations/Samities enroute Shri Amar Nath Ji Shrine. This takes
care of the first grievance of the petitioner.
8) With regard to the second grievance of the petitioner, it is
pointed out that it is true that apart from other terms and conditions set
out in the communication inviting offers, the respondent Board has
also provided that a Langar Organization/Samiti, to be eligible to run
a langar service, shall have to furnish its audited balance sheets duly
CM No.2120/2021
singed by the Chartered Accountant for the financial year 2018-2019,
2019-2020 and 2020-2021.
9) It is the grievance of the petitioner that there are few new
Langar Organizations/Samities which have come in existence only in
the year 2020 and 2021, who are though willing to provide langar
service yet are not in a position to do so in view of Condition No.V,
referred to above, prescribed by the respondent Board with regard to
the audited balance sheets.
10) Mr. Anuj Dewan Raina, learned counsel appearing for the
respondent Board, however, submits that the aforesaid condition has
been introduced only with a view to bring in more transparency and to
ensure that only genuine and legitimate Langar Organizations/
Samities are permitted to run langar service during Shri Amar Nath Ji
yatra.
11) I have given my thoughtful consideration to this aspect of the
matter and I am of the view that the controversy raised by the
petitioner can be set at rest by providing that such of the
Organizations who have been set up in the year 2020 onwards shall
make a representation to the respondent Board for permitting them to
run Langar Services without insisting for audited balance sheets
for the financial year 2018-2019, 2019-2020 and 2020-2021, as a
one-time exception. Ordered accordingly.
CM No.2120/2021
12) Should the respondent Board receive any such representation,
the same shall be considered by it on its merits and if such
Organization meets all other requirements and the Board is satisfied
with regard to its financial position and the credibility, it shall permit
such Organization to run langar service without insisting for audited
balance sheets for the financial year 2018-2019, 2019-2020 and 2020-
2021, as a onetime exception.
13) With the aforesaid observations, this petition is disposed of
along with connected CM.
(Sanjeev Kumar)
Judge
Jammu
03.06.2021
"Bhat Altaf, PS"
Whether the order is speaking: Yes/No
Whether the order is reportable: Yes/No
