Trust Suri vs State Of Himachal Pradesh & Others on 9 November, 2023

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Himachal Pradesh High Court

Trust Suri vs State Of Himachal Pradesh & Others on 9 November, 2023

Bench: Ajay Mohan Goel

         IN THE HIGH COURT OF HIMACHAL PRADESH AT
                         SHIMLA

                                                        CWP No.8834 of 2023
                                                        Decided on: 09.11.2023
    Lakhdata Peer Baba Charitable




                                                                        .
    Trust Suri                                   ...Petitioner





                               Versus
    State of Himachal Pradesh & others          ...Respondents
    Coram





    Hon'ble Mr. Justice Ajay Mohan Goel, Judge
    1
     Whether approved for reporting?
    For the petitioner:   Mr. Rajneesh K. Lal, Advocate.




                                             of
    For the respondents: Mr. Rupinder Singh Thakur, Raj Kumar
                         Negi, Additional Advocate Generals,
                         with Mr. Rajat Chauhan, Law Officer, for
                  rt     the respondents-State.

    Ajay Mohan Goel, Judge (Oral)

By way of this petition, the petitioner has, inter alia, prayed for the following reliefs:-

"a) Issue a writ, of Certiorari to declare the trust deed dated 22.09.2023 (Annexure P-18) as null and void and not enforceable under law.

b) Issue a writ of mandamus directing the Respondents No.2 to 4 to cancel the trust deed (Annexure P-18) register on 22.09.2023 as not enforceable under law.

c) Issue a writ of mandamus directing the Respondent No.6 not to interfere in any manner in the functioning, running, and interfering with the religious beliefs and ceremonies conducted for the general public and management of the trust known Whether reporters of the local papers may be allowed to see the judgment?

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as Lakhdata Peer Baba Charitable Trust Suri registered on 06.09.2023.

d) The respondent No.5 may kindly be directed to give police protection to the members of the .

petitioner Trust so that they could perform the religious activities and also perform their duties inside the temple."

2. This Court, after hearing learned counsel for the petitioner, is of the considered view that the Writ Petition is mis-

of conceived as there are seriously disputed questions of facts raised in the petition intra the petitioner and respondent No.6, rt which can be best adjudicated by a Civil Court by leading evidence. Not only this, a perusal of the petition also demonstrates that there earlier also was a civil litigation between the parties relating to the same property.

3. Therefore, this Court is not inclined to exercise its writ jurisdiction and the matter is closed but with liberty to the party to go to a Civil Court, if so advised.

4. The petition stands disposed of. Pending miscellaneous applications, if any, also stand disposed of.

(Ajay Mohan Goel) Judge November 09, 2023 (Rishi) ::: Downloaded on - 10/11/2023 20:32:23 :::CIS

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