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| HC directs Div Com Kashmir to protect Mandir property | | | EARLY TIMES REPORT
JAMMU DEC 01, December: 01 (JNF):- Justice Sunil Hali of J&K High Court at Srinagar in the larger public interest to protect the property of more than 200 years old Bajrang Dev Baba Dharam Dass Mandir, Sathoo Barbar Shah Srinagar, directed the Divisional Commissioner Kashmir to ensure protection of the property from the encroachments by taking necessary steps in the shape of demarcation and fencing of the property.
The Div Com has also been directed to submit a report giving a detail of the properties, which have been transferred in the shape of lease, pattanama lease, sale deeds or by any other mode of the transfer and the property regarding where no such transfer has taken place and continues to remain the property of the said Mandir. Court further directed the Revenue Agencies of Kashmir valley not to issue any fard regarding the properties of the said Mandir and also asked the Divisional Commissioner Kashmir to take custody of the properties regarding which no transfer has been effected and also directed him to submit the report within a period of two months.
The court further directed that no transfer, in the shape of sale deed, patta nama lease or any other mode of transfer be effected in respect of the properties belonging to the Mandir Sathoo Barbar Shah Srinagar. No construction be permitted on the properties which have been transferred to the private parties through various deeds executed by the Mahants till report is submitted by the Divisional Commissioner Kashmir. Court directed its registry to send copy of this order to the Divisional Commissioner Kashmir forthwith as also to all the courts in Kashmir valley who are dealing with the registration of documents.
These directions to preserve and protect the property of Bajrang Dev Baba Dharam Dass Mandir, Sathoo Barbar Shah Srinagar in a petition filed by Ghulam Nabi Khan and Ors claims have executed a lease deed dated August 19, 2003 for the land measuring 3636 SqFT comprised under Survey No 1497 situated at Sathoo Barbar Shah Srinagar with one Mahant Gopal Dass Ji of said Mandir who is stated to have been authorized by Sadhu Dharamsthan Surakshani Samiti J&K by its President Mahant Shri Sita Ram Dass Ji Maharaj. Dispute has arisen between the petitioners and private respondents in respect of the land. The petitioners claim that the respondents are interfering with the peaceful possession of the land owned by them. It is in this contest the protection from the state respondents is sought by them through this petition and seeking interim directions.
The court after hearing Advocate Ahmad Javed for the petitioners, Govt Advocate A Chasti for official respondents, Advocate Moulvi Aizaz for private respondent 12 whereas Advocate Azhar-ul-Amin for the intervener observed that during the course of arguments it transpires that the property of Bajrang Dev Baba Dharam Dass Mandir, Sathoo Barbar Shah Srinagar is entangled in various litigations and is being encroached upon. It is necessary to pass some interim directions in order to preserve and protect the property of Mandir. It will be appropriate and in public interest to ensure that the property of the said Mandir is preserved and protected from encroachments and illegal transfers and issued above said directions to Divisional Commissioner.
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