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Punjab-Haryana High Court

Gurdwara Parbhandak Committee vs State Of Punjab And Ors on 22 August, 2014

Author: K. Kannan

Bench: K. Kannan

            CWP No. 15202 of 2014                                                           1

                        IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                                       5CHANDIGARH


                                            CWP No. 15202 of 2014 (O&M)
                                            Date of decision: August 22, 2014


            Gurdwara Parbhandak Committee
                                                                            ...Petitioner
                                                   Versus
            State of Punjab and others
                                                                            ...Respondents

            CORAM:- HON'BLE MR. JUSTICE K. KANNAN

            1.         Whether Reporters of local papers may be allowed to see the judgment ?
            2.         To be referred to the Reporters or not ?
            3.         Whether the judgment should be reported in the Digest?


            Present:           Mr. Aman Pal, Advocate,
                               for the petitioner.

            K. KANNAN, J. (Oral)

1. The petitioner, which claims to be a registered body with SGPC, has a grievance that the 4th respondent, who is its ex-president, wields political clout and secures police assistance to create problems in the smooth functioning of the petitioner's society. The grievance is that at the instance of the 4th respondent, the police is harassing them and is calling upon them to produce the documents, account books etc.

2. If there is an issue relating to the management that has a direct bearing to any of the provisions under the SGPC Act, then the functionary under the Act could resolve. However, if the claim is that the 4th respondent is disturbing the petitioner's right of management of the society and its activities, it is a claim to civil rights and the appropriate remedy shall be PREM SINGH 2014.08.26 10:23 I attest to the accuracy and integrity of this document Chandigarh CWP No. 15202 of 2014 2 only in a properly instituted civil action. The relief that the life and liberty of the petitioner's members are to be protected and that the petitioner shall not be harassed by any official cannot be granted in the manner sought. The petitioner shall redress his grievance elsewhere in the manner referred to above.

3. The writ petition is dismissed with liberty aforesaid.

            August 22, 2014                                           (K.KANNAN)
            prem                                                          JUDGE




PREM SINGH
2014.08.26 10:23
I attest to the accuracy and
integrity of this document
Chandigarh