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TMI Blog1961 (4) TMI 98X X X X Extracts X X X X X X X X Extracts X X X X ..... sala was built for the benefit of the traveling public and was used as a rest house by travelers; three deities were installed in the temple and members of the public offered worship therein, though there was no formal dedication; and the shops were let out on rent for the upkeep of the dharmasala and temple. They allege that after the Sri death of Ramji Das they came into possession of the properties in question but in January, 1958, the respondents, namely, the State of Punjab, some of its officials' and the Municipal Committee, Barnala, by force and without any authority of law dispossessed them from the dharmasala in question and further deprived them of the control and management of the said dharmasala and temple and are seeking to interfere with their management and control of the shops appurtenant thereto. The Municipal Committee, it is stated, was put in possession of the dharmasala and has opened its office in its main room. The petitioners first asked for a copy of the orders in pursuance of which these acts were committed, but were unable to obtain the same. The petitioners then made an application under Art. 226 of the Constitution in the Punjab High Court, which wa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Das then asked for sanction to construct the dharmasala in the name of the firm Faquir Chand Bhagwan Das and at the firm's expense sometime in May, 1909. This sanction was granted and communicated to Ramji Das by the Assistant Surgeon inching of Barnala hospital, who was presumably in-charge of public health arrangements at Barnala. The sanction was made subject to the following conditions (see Ex. A), (1) No tax be, taken for this land from them. (2) The shopkeepers will arrange 'Piao' (shed for the arrangement for supplying drinking water) for the passengers and will maintain it. (3) Plans of the building which they want to construct should at first be presented before me (Assistant Surgeon in-charge). (4) They will be responsible for observing cleanliness and sanitary rules and will construct good drains. (5) No permission to construct any shop will be granted. The building will be constructed only for the passengers. (6) If the abovementioned conditions are not fulfilled, the State will dispossess them of the land. In 1909 the dharmasala was constructed with an inscription on stone to the effect Dharmasala Lala Faquir Chand Bhagwa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... such transfer will be considered unlawful and invalid and in such an event the Government will eschewer it but even then this inn will be used for the public benefit. No Government servant will make therein a permanent abode and nor would it be sold as Nazool property. The trouble did not end however with the order of the Revenue Minister. A reinvestigation appears to have been ordered, presumably at the instance of the Sanatan Dharma Sabha, Barnala. Again, an enquiry was hold and it was found by the Nazim, district Barnala, that the dharmasala and temple were constructed by Ramji Das; that he employed three employees-one bandit for worship etc., one for looking after the travelers, and a third to keep the premises clean; that there was no order to take accounts from Ramji Das; and that repairs etc. were carried out from the rents of the shops. The Nazim, however, said in his order that the 'Sarai' was declared to be that of the State, and presumably he said so on the ground that it stood on Government land. Later, Ramji Das obtained further permission to make a raised platform and other extensions, details whereof are not necessary for our purpose. We then come to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... la, recommended that in the interest of Government (sometime before this Barnala come into the Punjab State) the Municipal Committee, Barnala, should take immediate charge of the management of the dharmasala. This recommendation was affirmed by the Deputy Commissioner, Sangrur, who wrote to the Punjab Government for necessary sanction of the recommendation. The sanction has not been produced before us, but learned Counsel for the respondents has produced before us the letter which the Deputy Commissioner wrote. This letter says: Subject:Management of 'Sarai' near Railway Station, Barnala. Memo. One Shri Ramji Das was appointed as Manager vide order of the Revenue Minister of the erstwhile State of Patiala dated 26-12-1987Bk of the property, as cited subject. The Manager was only to look after the property and to utilize the income of the property for the improvement of the 'Sarai' for publi c welfare. Shri Ramji Das, manager is reported to have died and there is none else to manage 'Sarai'. The S. D. O., Barnala, has recommended that in the interest of the Government, the management of the 'Sarai' may immediately be entrusted to the M. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uch as the decision of the Court would amount to a decree declaring a party's title and ordering restoration of possession. We consider that both these contentions are unsound and the petitioners have made out a clear case of the violation of their fundamental rights. There has been some argument before us as to the true legal effect of the sanction granted in 1909 to Ramji Das subject to the conditions adverted to earlier: whether it was a lease in favour of the firm Faquir Chand Bhagwan Das; whether it was a licence coupled with a grant or an irrevocable licence within the meaning of s. 60(b) of the Easements Act, 1882. These are disputed questions which we do not think that we are called upon to decide in the present proceeding. The admitted position, so far as the present proceeding is concerned, is that the land belonged to the State; with the permission of the State Ramji Das, on behalf of the joint family firm of Faquir Chand Bhagwan Das, built the dharmasala, temple and shops and managed the same during his life time. After his death the petitioners, other members of the joint family, continued the management. On this admitted position the petitioners cannot be held ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ers and could be removed by an executive order. The argument is not only specious but highly dangerous by reason of its implications and impact on law and order. As to the second argument, it is enough to say that it is unnecessary in this case to determine any disputed questions of fact or even to determine what precise right the petitioners obtained by the sanction granted to their firm in 1909. It is enough to say that they are bona fide in possession of the constructions in question and could not be removed except under authority of law. The respondents clearly violated their fundamental rights by depriving them of possession of the dharmasala by executive orders. Those orders must be quashed and the respondents must now be restrained from interfering with the petitioners in the management of the dharmasala, temple and shops. A writ will now issue accordingly. Before we part with this case, we feel it our duty to say that the executive action taken in this case by the State and its officers is destructive of the basic principle of the rule of law. The facts and the position in law thus clearly are (1) that the buildings constructed on this piece of Government land did not be ..... X X X X Extracts X X X X X X X X Extracts X X X X
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