IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.6889 of 2011 Date of decision: 21.04.2011 Sidh Peeth Pashu Pati Nath Mandir …..Petitioner versus State of Haryana and others ……Respondents CORAM: Hon’ble Mr.Justice Jasbir Singh Hon’ble Mr.Justice Rakesh Kumar Garg Present: Mr.Pravindra Singh, Advocate for the petitioner Jasbir Singh, J. (Oral) This writ petition has been filed at the instance of Sidh Peeth Pashu Pati Nath Mandir village Bainsa Tibba through Harish Chand Hari Chela Mahant Sanjeev Hari. In this writ petition, it is no where stated as to what is the locus of Harish Chand Hari to file this writ petition at the instance of a Mandir. How above named person was appointed as a Mahant of the Mandir, to show that nothing is placed on record. Furthermore, at the time of arguments, counsel for the petitioner has failed to show anything on the basis of which provisions of Section 2 (h) of Haryana Shri Mata Mansa Devi Shrine Act, 1991 can be quashed. It is primary contention of counsel for the petitioner that under the above said provisions, the possession, not only of the Mandir but also Civil Writ Petition No.6889 of 2011 Samadhis existing next to the Mandir has wrongly been taken by the authorities on 23.7.2010. To say so, reference has been made to the proceedings brought on record as Annexure P6. From the record, it is not clear, as to what is situation at the spot, whether Samadhis exist there or not and also whether those Samadhis are part of the mandir or not, it is yet to be ascertained. Under the circumstances, these disputed questions of facts, where producing of evidence is necessary, cannot be decided when exercising jurisdiction under Article 226 of the Constitution of India. In view of facts mentioned above, we dispose of this writ petition, giving liberty to the petitioner to make a representation to respondent No.3, for a limited purpose, to claim possession of the Smadhis, if any, exising at the spot. The officer concern shall look into the locus of the petitioner to claim possession and also give a finding whether Samadhis are part of the Mandir or are separate and then pass an appropriate order, as per law. If any representation is made within fifteen days from today, needful shall be done within a period of two months thereafter. (Jasbir Singh) Judge 21.04.2011 (Rakesh Kumar Garg) gk Judge 2