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2015 DIGILAW 1422 (HP)

Suresh Kumari v. State of H. P.

2015-10-07

MANSOOR AHMAD MIR, TARLOK SINGH CHAUHAN

body2015
JUDGMENT : Mansoor Ahmad Mir, J. This Letters Patent Appeal is directed against the judgment dated 3.7.2009, made by the learned Single Judge of this Court in two writ petitions being CWP No. 292/2005 and CWP No. 621 of 2005, whereby the writ petition filed by Kushal Chand came to be allowed and the writ petition filed by Suresh Kumari was dismissed, for short “the impugned judgment”, on the grounds taken in the memo of appeal. 2. Suresh Kumari has not questioned the judgment so far as it relates to writ petition No. 292 of 2005, filed by Kushal Chand. She has only questioned the impugned judgment so far as it relates to her writ petition. Thus, the impugned judgment made in Kushal Chand’s case in CWP No. 292 of 2005, has attained finality. 3. We have perused the record and the impugned judgment. The foundation of the impugned judgment is the judgment made by this Court in RSA No. 185 of 1991 dated 18.12.1996. It is apt to reproduce para 7 of the said judgment herein: “7.Concededly, a considerable landed property stands attached to this institution which was granted as ‘MUAFI’. Income from that land would be realized by the Committee and would be kept in the account and would be used only for the purposes of the development of the complex. None of the ‘Mohatmims’ would be entitled to receive anything out of this amount. In case the Committee is of the opinion that any of the ‘Mohatmims’ is not carrying out his or her duties faithfully or properly, the matter would be brought to the notice of the Deputy Commissioner concerned, who, after holding summary enquiry, would remove that ‘Mohatmim’ and appoint another ‘Mohatmin’ in his or her place.” 4. Keeping in view the mandate of para 7 of the judgment, the learned Writ Court has fallen in an error by providing that Kushal Chand is at liberty to approach the Deputy Commissioner, Kangra for removal of Smt. Suresh Kumari as Mohatmim on the grounds available to him in law by filing a petition and the Deputy Commissioner shall decide such petition in accordance with law. 5. 5. Having said so, the impugned judgment is upheld by providing that the writ petitioners Kushal Chand and Suresh Kumari are at liberty to approach the Committee concerned for the redressal of their grievances and in case, the recommendation is made by the Committee to the Deputy Commissioner, the Deputy Commissioner to do the needful within eight weeks from today, in terms of para 7 of the judgment (supra). 6. Accordingly, the impugned judgment is modified, as indicated hereinabove and the appeal is disposed of alongwith pending applications, if any.