Baba Shanti Dass v. Deputy Collector/District Magistrate and Others

Order XXXIX judgment dated same in civil mi Brief Facts

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plaintiff institut averments that Dham, Prachin Kala Amb, Ham succeeding his G THE HIGH COURT OF PUNJ AT CHANDIGA -.-

CR

De

ss

VERSUS or/District Magistrate, hers

N'BLE MS. JUSTICE MANDE r. Ankur Mehta, Advocate for the r. Narender Pal Bhardwaj, Advoc -.- ANNU J. is civil revision petition under filed by the petitioner–plaintiff, ourts below: the order dated 12.0 Division), Naraingarh, dismissing Rules 1 and 2 CPC for grant d 31.07.2025 of the learned low iscellaneous appeal e facts giving rise to the pres ted a suit for permanent injuncti he has been performing the du Shri Maharishi Markandeshwa midpur, Naraiangarh, District A Guru Shri Sukhi Das, and before

JAB AND HARYANA ARH R-5784-2025 (O&M) cided on :- 15.09.2025

....Petitioner ....Respondents EEP PANNU e petitioner. cate for respondent No.3.

Article 227 of the Constitution , challenging the concurrent ord

04.2024 passed by the learned C g the petitioner's application un of ad interim injunction, and wer Appellate Court affirming sent revision petition are that ion against the defendants with uties of Mahant at Markandeshw ar Temple near Markanda Brid Ambala, for the last 28 to 29 ye e him Shri Purshotam Giri and S

- n of ders Civil nder war dge, ars,

Haridas Tyagi. and that the lan Dera for more th of village Kala long possession possession.

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It w intruded upon th threatened to di The plaintiff s appointed offici police officials, 2 requiring him orders issued by of permanent inj 1 and 2 CPC for

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Up and reply to the District Magistr No. 3492 of 20 appointed to m letter dated 26.

10.04.2024 for submitted that t It is alleged that religious activ nd measuring about 16 kanals h han 70 years. The plaintiff furthe Amb had passed a resolution i n he has become owner of t was further pleaded that defend he Dera, pitched a tent and indu spossess the plaintiff by force o stated that SDM Naraiangarh ials to inspect the spot, but despi attempted to dispossess him. No m to vacate, and reliance was p y defendant no. 1. On these alleg njunction and also moved an app r interim stay. on notice, defendants no. 1 and e injunction application. It was rate and in compliance of the or 023, the SDM, Naraiangarh, an aintain law and order at Marka

03.2024, defendant no. 2 was removal of the plaintiff's posse the plaintiff has no right, title

vities are performed at the temp has remained in possession of er claimed that the Gram Pancha n his favour, and that by virtue the property by way of adve dant no. 3 and his associates h ulged in illegal activities, and h r by implicating him in false cas had conducted an enquiry a ite that, defendant no. 2, along w otices were issued by defendant placed upon certain administrat gations, the plaintiff sought a dec lication under Order XXXIX Ru 2 filed their joint written statem stated that as per directions of rder passed by this Court in CRW d thereafter defendant no. 2, w andeshwar Mandir, Kala Amb. appointed as Duty Magistrate ession from the temple land. It w or interest in the suit land, and

- ple, ayat erse ave ave ses. and with no. tive cree ules ment WP were By for was

misusing the ga file any written

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dismissed the p was observed th he had earlier producing docu proceedings. Th been produced Mahant did not case was made and that no irrep

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civil miscellane that although the conferred no pe resolution dated the temple had Barkha Ram. It that possession learned Appella facie right or p interim injunctio

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Hen

arb of being Mahant to claim ow statement. e learned trial Court, after laintiff's application for injuncti hat the plaintiff had not approac filed petitions before this Cou uments in support of his claim. he trial Court further found that n to prove the plaintiff's ownersh confer ownership rights. The C out in his favour, that the balan parable loss was established. e lower Appellate Court, vide ju ous appeal, upheld the order of e plaintiff may have been appoin ersonal right in the property. Th d 17.07.2021 produced by defen been handed over to the secreta held that the plaintiff had ceas had been taken over by other p ate Court held that the plaintiff possession over the suit propert on. nce, the present revision petition

wnership. Defendant no. 3 did hearing counsel for the part ion vide order dated 12.04.2024 ched the Court with clean hands urt which were withdrawn with There was concealment of ear no revenue record or document h hip or possession, and that bein Court concluded that no prima fa nce of convenience lay against h udgment dated 31.07.2025 passed f the learned trial Court. It record nted as Mahant earlier, that by it he Appellate Court referred to ndant no. 3, showing that charge ary, Bhim Sain Gera, and treasu ed to be Mahant of the temple a persons. In these circumstances, f had failed to establish any pri ty, and that he was not entitled n by the petitioner/plaintiff.

- not ties,

¶4It , as hout rlier had ng a acie him, d in ded self urer, and ima

Submissions of

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Lea had passed a r connection and temple under hi and has becom protection again

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On impugned order concealed mater being Mahant. Findings

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I ha The relief of te discretionary in prima facie cas below, on appre plaintiff failed t relied upon by resolution produ already been han revenue records the absence of p balance of conv f learned counsel for the partie arned counsel for the petitioner resolution in his favour on 24 other identity proofs in his nam s supervision. It was submitted t me owner by adverse possessio nst dispossession. n the other hand, learned counsel rs, contending that the petitioner rial facts, and that he cannot cla ave heard learned counsel for th emporary injunction under Orde nature, to be exercised upon sa se, balance of convenience and eciation of material before them to establish his possession over y the petitioner has not been uced by the respondents showi nded over to other persons. The or other cogent material to show proof of possession, no prima fa venience also cannot be said to

s. r argued that the Gram Pancha

4.05.2023, that he has electric me, and that photographs show that he has been in long possess on, and therefore deserves inte l for respondent No.3 supported r has not proved possession and aim ownership merely by virtue he parties and examined the reco er XXXIX Rules 1 and 2 CPC atisfaction of the three ingredien d irreparable loss. Both the cou m, have concurrently held that r the suit property. The resolut found sufficient to dislodge ing that charge of the temple h petitioner has not placed on rec w that he is in settled possession acie case exists. Once that is so, lie in his favour, nor is there a

- ayat city sion rim has ord. C is nts - urts tion had cord n. In

irreparable injur prima facie prov

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It i Constitution, thi scope of interf limited. Unless suffering from present case, th discretion upon is no perversity Conclusion

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In v findings of the accordingly.

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Pen

September 15, 2 tripti

Whether s

Whether ry demonstrated, for the law is w ved, no injunction can be granted is equally well settled that in is Court does not sit as a Court o ference with interlocutory and the findings of the courts be gross illegality, revisional inte he trial Court and the appellate consideration of the pleadings a or jurisdictional error apparent. view of the above, I find no gr courts below. The present ci nding application(s), if any, also 2025

speaking/non-speaking : Speaking reportable : Yes/No

well settled that unless possession d to protect it. revision under Article 227 of of appeal to re-appreciate facts. T discretionary orders is extrem low are shown to be perverse erference is not warranted. In e Court have both exercised th and material before them, and th round to interfere in the concurr vil revision petition is dismiss stand disposed of. (MANDEEP PANNU) JUDGE

- n is mely e or heir here rent sed,

IN T Baba Shanti Das District Collecto Ambala and Oth CORAM : HON Present: Mr Mr MANDEEP PA 1. Thi India has been passed by the Co Judge (Junior D