Guru Singh Sabha vs State Of Sikkim And Others

Meenakshi Madan Rai, J

I.A. No.05 of 2017 is an application filed by one Ajmer Singh Randhawa seeking to be impleaded as a party in the instant Writ Petition.

The attention of this Court is invited by Learned Counsel for the Applicant to the Order of the Hon’ble Supreme Court in Writ Petition (Civil) No.752/2017, dated 30-08-2017, wherein it is inter alia ordered as follows;

“UPON hearing the counsel the Court made the following

ORDER

Heard the petitioner No.1, who is appearing in-person and Mr. A. Mariarputham, learned senior counsel appearing for the State of Sikkim.

We have been apprised by Mr. Mariarputham that a writ petition is pending before the High Court and is listed for hearing before the High Court on 13th September, 2017. As the matter is pending before the High Court, we permit the petitioners to get themselves impleaded before the High Court, if so advised.

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The Order supra also clarifies that the Supreme Court has not expressed any opinion on the merits of the case and the High Court is at liberty to deal with the matter as warranted in law. It is urged by Learned Counsel that in light of the Order above, the Applicant be impleaded in the Writ Petition as a Petitioner.

Learned Additional Advocate General submits that the Order of the Hon’ble Supreme Court is a speaking order and therefore has no submissions to advance in this context.

Learned Counsel for the Petitioner while vehemently objecting to the application submits that the Applicant in the I.A. supra has included prayers in his application which are not in consonance with the prayers made in the main Writ Petition. That, the Applicant seeks reliefs which are of a religious nature and includes a prayer that Sri Guru Granth Sahib Ji in Gurdwara at Gurudongmar Lake be installed, which is not the object of the instant Writ Petition filed by him as the only concern of the Petitioner therein is that the Gurudwara at the disputed spot should not be dismantled.

I have given due consideration of the rival submissions of the Learned Counsel for the parties. I have also perused the prayers in the instant Writ Petition as well as the application in I.A. No.05 of 2017 filed on 12-09-2017 and amended I.A. filed on 06-11-2018.

In consideration of the prayers made therein and in light of the Order of the Hon’ble Supreme Court, the Applicant Ajmer Singh Randhawa is impleaded as a party in the instant Writ Petition as Petitioner No.2.

The Registry shall take necessary steps for correcting the records with regard to the array of parties in the instant Writ Petition.

I.A. No.05 of 2017 stands disposed of accordingly.

I.A. No.16 of 2019 is an application filed by Ajmer Singh Randhawa under Section 151 of the Code of Civil Procedure, 1908, seeking conversion of the instant Writ Petition into a Public Interest Litigation.

Learned Counsel for the Applicant submits, on instructions, that he withdraws the said I.A.

Not opposed.

Considered, withdrawal allowed.

I.A. No.16 of 2019 stands disposed of accordingly.

I.A. No.17 of 2019 is an application filed by Mr. Ajmer Singh Randhawa under Section 151 of the Code of Civil Procedure, 1908, seeking orders to restrain the persons named therein from asserting undue pressure on the Applicant, i.e., Ajmer Singh Randhawa, from withdrawing his name from the Writ Petition and prays that summons be issued to them.

The application, on instructions, is not pressed by Learned Counsel for the Applicant.

Not opposed.

I.A. No.17 of 2019 stands disposed of as not pressed.

List the matter for hearing on 26-09-2022 as found convenient by the parties.