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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
G.S.SANDHAWALIA, CJ, BIPIN CHANDER NEGI
Hari Ram (Deceased) through LRs. – Appellant
Versus
State of H.P. – Respondent
JUDGMENT :
BIPIN CHANDER NEGI, J.
1. During the pendency of the LPA now preferred, Hari Ram, the original writ petitioner had died. Vide order dated 18.8.2025 the legal heirs of the erstwhile writ petitioner had been ordered to be brought on record.
2. The present appeal has been preferred against the impugned judgment dated 16.10.2024 passed by the learned Single Judge, whereby the learned Single Judge has dismissed the writ petition filed by the predecessor in interest of the present appellant. The claim in the writ petition filed by the father of the appellant of being the sole Pujari in the Shri Shiv Mandir Nayas, Mahakal Tehsil Baijnath, District Kangra, H.P, to the exclusion of his brothers i.e. respondents No. 5 to 7, based on custom and on a Will stated to have been executed by the late father of the predecessor in interest of the present appellant and respondents No. 5 to 7, has been held by the learned Single Judge to be not determinable in exercise of the writ jurisdiction under Article 226 of the Constitution of India.
3. Besides the aforesaid, no fault was found by the learned Single Judge in the minutes of the meeting dated 28.3.2024 (Annexure P-8 in CWP No. 6424 of 2024
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