^ EGH OF AT DJViSJONBENCH • CJ. & J. Wrif -Shri Rajeev Lochan Memoriai Trust a duiy registered publics trust bearing reglstratlon No.E15288, having Its registered office at "Aryavarth", 1 floor, Ramkrishna Kunj Society, Dr VS Road Ambawadi, Ahmedabad (Gujarat), through its Goswami Shri Nagesh Kumar Ji, son of Brijkishore Kumar Gosv^ami, acting in the premises through Dr Deepak Sharma, son of Shri RG Sharma, resident of Tikrapara, Raipur (Chhattlsgarh) Versys of Chhattisgarh, through the Secretary, Ministry of Cuiture & Tourism, DKS Bhawan, Raipur (Chhattisgarh) 2 The Directorate, Cuiture & Archeoiogy, Raipur (Chhattisgarh) 3 The Directorate, indian Archeological Survey, Janpath, New Delhi under Section 2 (11 ofthe Chhattisaarh Hloh Shri Prasoon Bhaduri, counsei for the appeliant. Shri NKAgrawai, Deputy Advocate Generai forthe State. ith (11InSeptember,20©8) The foiiowing Judgment of the Court was passed by CJ. Learned counsel forthe parties are heard on admission. •^- S"-^isif.'&iwt.iWWW^i.^s. ^i3,^^^^<^^?»^,^^=£<ki. .^ ?% 2) The appeliant has fiied thls writ appeai against the Empugned order 20.08.2008 passed in WP (C) No.4559/2008. 3) The appeiiant / petitioner filed the writ petition for the fQliowing rsliefs: "10.1 A writ and / or an order in the nature of writ of mandamus do caiiing for the record from the respondents pertainlng to the case of the petitioner for kind perusal of this Hon'bie Court. 10.2 A writ and / or an order In the nature of writ of certiorari do issue quashing the decislon dated 24.06.2008 & 18.07.2008 (Annexure P-4) and consequent thereto to the decision dated 1 3.04.2007. 10.3 A writ and / or an order In the nature of wr.it of m.andamus do Issue directing the respondent State authoritles to deiiver the of the concerned of Viilage Harrno. Including dilapldated structure to the petltioner so that t'ne same may be deveioped as the place of incarnation "TO^?I ^icT" of "Mahaprabhu Vaiiabhacharya Ji" by the petitioner and other persons who are "'s^ewr ^ ^^ifqrapf ww ^fepFT" at thelrown cost. 10.4 Any other reiief which this Hon'ble Court may deem fit in the facts & ctrcumstances of case. 10.5 Cost of the petition may aiso be awarded." 4) T'ne appeiiant/petitioner, thus, in substance was seeking quashing of the dedsions contalned in the iette.rs dated 24.06.2008 and 18.07.2008 with a further direction to the respondents / to dellver the possession of the area concerned of viifage Harmo inciuding diiapidated structure to the :-^. petitloner, so that the same may be developed as the piace of incamatlon of "Mahaprabhu VaElabhacharya Jl" 5) The petitioner's entire claim in the writ petltion was based on his 'SeEf Ciaimed Befief' that viilage Harmo was the place of birth/incarnation of "Mahaprabhu Vallabhacharya Ji". 6) Whether a particular place is of birth / incarnation of a particular perso'n cannot be decided in a writ petltlon as the would require leadlng of evidence by the parties in support oftheirclaEm. 7) !n this view of the matter, we do not find any infirmlty in the impugned order whereby the iearned Single Judge has deciined to exercise tne dlseretionary jurisdiction under Articie 226 of the Constitution of JndEa. 8) The writ appeal, therefore, is liable to be dismlssed and is hereby dismissed summarily. Sd/- ChiefJustice Sd/- Sunil Kumar Sinha Judge padma