ORDER Present writ petition filed under Article 226 of the Constitution of India. It is pleaded that affairs of Gurudwara Shri Guru Singh Sabha were managed by unregistered society and governing body was elected in the general house for the last 70 years. It is pleaded that the members of unregistered society were from Gutkar, Ner Chowk, Ratti, Syora, Malted, Ghalma, Guru Kotha, Garbhasra, Kaned, Dhaban, Lohara, Dinnak, Nagbagh, Jamabagh & Bharari. It is further pleaded that respondent No.3 with the sole motive to grab prime piece of land of Gurudwara and shops rented out by Gurudwara Prabandhak Committee has started interfering under the guise that now he is the Chairman of the Gurudwara and he has the authority to deal with the property of Gurudwara. It is further pleaded that respondent No.3 even manhandled the elected members of Gurudwara Prabandhak Committee and broken the locks of Gurudwara forcibly. It is further pleaded that respondent No.3-society was registered by fraudulent manner. It is further pleaded that selected family members have been incorporated as members of the society. It is further pleaded that only 2-3 families have been taken in the registered Gurudwara Prabandhak Committee. It is further pleaded that earlier also a memorandum was given by respondent No.3 to register under the Societies Registration Act but same was rejected in the year 2006 by the same authority i.e. respondent No.2 and the same authority without going through the documents and the sentiments of the Sikh Community has registered respondent No.3 as society. It is further pleaded that Gurudwara Shri Singh Sabha was constituted more than 60 years back for managing and looking after the affairs of Gurudwara Sahib at Ner Chowk Distt. Mandi. It is further pleaded that Gurudwara also possesses assets including 12 shops in the ground and first floor of the building which have been rented out to private parties. It is further pleaded that election of unregistered Gurudwara Shri Singh Sabha was held on 30.10.2011 and Sh. Avtar Singh was elected as President. It is further pleaded that respondent No.3-society applied for its registration before the Divisional Officer (Civil), Mandi and petitioner filed objections but the same were discarded and respondent No.3 was registered as society vide registration No. 434 dated 11.11.2011. Avtar Singh was elected as President. It is further pleaded that respondent No.3-society applied for its registration before the Divisional Officer (Civil), Mandi and petitioner filed objections but the same were discarded and respondent No.3 was registered as society vide registration No. 434 dated 11.11.2011. It is further pleaded that under the garb of registration respondents have issued notices to the shop keepers to deposit monthly rent with the registered society. It is further pleaded that after registration of respondent No.3 as society civil suit was filed along with the application for grant of ad-interim injunction. It is further pleaded that ad-interim injunction was not granted and thereafter the matter was agitated before the District Judge. It is further pleaded that the District Judge also declined the ad-interim injunction. Thereafter petitioner came to Shimla to challenge the order of District Judge but the petitioner was advised to file an appeal before the Registrar under the H.P. Societies Registration Act 2006. It is further pleaded that thereafter the petitioner filed an appeal before the Registrar of Societies, which was rejected by respondent No.1 on 03.07.2013. It is further pleaded that thereafter the petitioner filed a review petition against the decision of Registrar of Societies which was disposed of on 30.09.2013 with modification that only persons residing in those Panchayats which touch geographical boundary of Ner Chowk as per Panchayat record can be enrolled as members of registered society. 2. Per contra reply filed on behalf of respondent No.1 pleaded therein that respondent No.3 applied for registration of society and the same was registered on 11.11.2011. It is further pleaded that the appeal was filed under Section 51(2) of the Act before the replying respondent. It is further pleaded that respondent No.1 has passed a speaking order. It is further pleaded that respondent No.1 before passing order has perused the entire record of the society. It is further pleaded that the society was registered in accordance with the provisions of the Act. It is further pleaded that replying respondent on 03.07.2013 directed respondent No.3- society to enroll the members of the petitioner’s Sabha residing within the contiguous area of Ner Chowk. It is further pleaded that the society was registered in accordance with the provisions of the Act. It is further pleaded that replying respondent on 03.07.2013 directed respondent No.3- society to enroll the members of the petitioner’s Sabha residing within the contiguous area of Ner Chowk. It is further pleaded that thereafter review petition was filed to clarify the contiguous area of Ner Chowk and the same was clarified on 3.9.2013 that only those persons residing in the Panchayats which touch the geographical boundary of Ner Chowk as per Panchayat record would be enrolled as members in the respondent No.3-society. It is further pleaded that under the Act there is no bar to form a society for promotion of religious institution. 3. Per contra separate reply filed on behalf of respondent No.3 pleaded therein that petitioner did not approach the Court with clean hands. It is denied that the petitioner was running the affairs of Gurudwara since 1947. It is further held that on the contrary respondent No.3 was managing the affairs of Gurudwara since 1947. It is further pleaded that in order to run the affairs of Gurudwara efficiently and smoothly, respondent No.3 got election conducted on 1.5.2011 and thereafter formed a society and the same was registered as per law on 11.11.2011. It is further pleaded that respondent No.3 has undergone the whole legal process of registration as laid down under the law. It is denied that the respondents have included selected family members in order to form a society. It is further pleaded that petitioner is not a resident of the local vicinity of the area in which Gurudwara falls. Prayer for dismissal of the writ petition sought. 4. Following points arise for determination in the present writ petition:-Point No.1: Whether governing powers of Gurudwara (religious place) should be given to registered society or should be given to unregistered society? Point No.2: Whether membership of registered society should be restricted to permanent residents of Ner Chowk only or should be extended to residents of Gutkar, Ner Chowk, Ratti, Syora, Malted, Ghalma, Guru Kotha, Garbhasra, Kaned, Dhaban, Lohara, Dinnak, Nagbagh, Jamabagh & Bharari who were earlier members of unregistered society? 5. Court heard leaned Advocates appearing on behalf of the parties and also perused the record carefully. FINDINGS UPON POINT No.1 6. 5. Court heard leaned Advocates appearing on behalf of the parties and also perused the record carefully. FINDINGS UPON POINT No.1 6. Submission of leaned Advocate appearing on behalf of the petitioner that governing powers of Gurudwara (religious place) be allowed to retain in the hands of unregistered society who is running Gurudwara (religious place) since 1947 is rejected being devoid of any force for the reasons hereinafter mentioned. In the present case two societies have claimed governing powers of Gurudwara (religious place). Petitioner’s society is unregistered society and respondent No.3-society is a registered society which was registered on 11.11.2011 under the Himachal Pradesh Societies Registration Act 2006. As the matter in dispute is qua governing of religious temple Court is of the opinion that it is expedient in the ends of justice that governing powers should be given to registered society because registered society is accountable to the Registrar of Societies under the Himachal Pradesh Societies Registration Act 2006 and there is provision of audit, inspection of documents etc. under the Himachal Pradesh Societies Registration Act 2006. General public used to visit Gurudwara (religious place) and used to pay donation to Gurudwara (religious place) and it is not expedient in the ends of justice to hand over governing powers of Gurudwara (religious place) to unregistered society because unregistered society did not place on record its bye-laws and also did not place on record provisions qua inspection of documents and audit of funds. It is expedient in the ends of justice that governing powers of Gurudwara (religious place) which is public place should be governed by registered society which is accountable for inspection of its documents and for audit under the Himachal Pradesh Societies Registration Act 2006. It is held that it is not expedient in the ends of justice to hand over governing powers of Gurudwara (religious place) to unregistered society in view of the fact that the general public used to donate funds in the Gurudwara (religious place) and in view of the fact that there are many shops in the ownership of Gurudwara (religious place) which are fetching heavy amount of rent. Hence submission of leaned Advocate appearing on behalf of the petitioner that governing powers of Gurudwara (religious place) be handed over to the petitioner which is unregistered society is declined in the ends of justice and in the welfare of general public and in the welfare of Gurudwara (religious place). FINDINGS UPON POINT No.2 7. Another submission of leaned Advocate appearing on behalf of the petitioner that since 1947 till date members of unregistered society were residents of Gutkar, Ner Chowk, Ratti, Syora, Malted, Ghalma, Guru Kotha, Garbhasra, Kaned, Dhaban, Lohara, Dinnak, Nagbagh, Jamabagh & Bharari and now membership of society has been restricted to permanent residents of Ner Chowk locality only and even learned Registrar of Societies although mentioned in the order dated 03.07.2013 that registered society will enroll persons who are residing with contiguous area of Ner Chowk but learned Registrar of Societies did not define the contiguous area in his order dated 03.07.2013 and thereafter review petition was filed before learned Registrar of Societies H.P. and even in review order dated 30.09.2013 learned Registrar of Societies held that only those persons who are residing in Panchayats which touch the geographical boundary of Ner Chowk as per Panchayat record would be enrolled as members of registered society warrants interference by H.P. High Court is accepted for the reasons hereinafter mentioned. Present dispute inter se parties is relating to Gurudwara (religious place) which is worship by all the persons. It is well settled law that all citizens have legal right to worship Gurudwara (religious place) without limitation of boundary. In view of the fact that since 1947 inhabitants of villages namely Gutkar, Ner Chowk, Ratti, Syora, Malted, Ghalma, Guru Kotha, Garbhasra, Kaned, Dhaban, Lohara, Dinnak, Nagbagh, Jamabagh & Bharari were the members of unregistered society, on the concept of equity, good conscience and in the ends of justice and in the interest of ‘Gurudwara’ (religious place) and in the interest of general public it is expedient that residents of above said villages be allowed to become members of the registered society also so that governing powers of Gurudwara (religious place) should go in the hands of efficient and highly religious intelligent persons of society at large. 8. 8. Another submission of leaned Advocate appearing on behalf of the petitioner that governing powers of Gurudwara (religious place) has been acquired by particular family members in order to acquire personal monetary benefits is rejected being devoid of any force for the reasons hereinafter mentioned. As per definition, family means husband, wife and their children. It is proved on record that membership of registered society has been acquired by residents of House Nos. 42, 48, 52, 53, 56, 57, 58, 59, 62 & 68. Hence it is held that registered society has been formed by different members of the family and has not been formed by selected members of the family. 9. In view of the above stated facts it is held (1) That governing powers of Gurudwara in dispute (religious place) will remain in the hands of registered society duly elected as per the Himachal Pradesh Societies Registration Act 2006 and will not remain in the hands of unregistered society. (2) Membership of registered society of Gurudwara (religious place) will be available to the inhabitants of villages namely Gutkar, Ner Chowk, Ratti, Syora, Malted, Ghalma, Guru Kotha, Garbhasra, Kaned, Dhaban, Lohara, Dinnak, Nagbagh, Jamabagh & Bharari as per H. P. Societies Registration Act, 2006. (3) Orders of learned Registrar of Societies dated 03.07.2013 and 30.09.2013 are modified to this extent only. (4) All other reliefs declined as all other reliefs merged in the points determined by the Court. 10 With the aforesaid observations present petition stands disposed of so also pending applications(s) if any.