-<>, t:i Gram Panchayat "Kurna, Through: Baldev Ram Sahu, Division r, Dlstrict (C.G.) 1. State of C.G., through Collector, Kanker, Distt. Kanker (C.G.) 2. Sub Divisiona! Officer (Revenue), Kanker District- Kanker (C.G.) 3. Tahsildar, Kanker Distt- Kanker 4. Tahsildar, Naharpur, District Kanker 5. Minor Rukhmani, Through its Natural Guardian- Smt. Neera bai, R/o Dehbebati, Distt. Kanker (C.G.) Shri Pankaj Shrivastava, iearned counse! for the petitioner. Shri Yashwant Singh Thakur, learned Dy. A.G. for the State/respondents No.1 to 4. Shri Vishnu Koshta, learned counset for respondent No.5. ORDER ind (22"a February,' The following order of the Court was passed Rajeev Gupta, C.J. Learned counsel forthe parties heard on admission. 2. writ reliefs- The petitioner- Gram Panchayat, Kurna has flled this styled as Public Interest Litigation for the following That the Hon'ble Court may be pleased to call the entire records relating to the case of ttie S) That this Hon'ble Court may kindly be pleased to ipsue a writ in the nature of mandamus directing the State authorities that not to transfer the aforesaid iand in the name of No.5. C) this Hon'ble Court may kindly be please to issue a writ in the nature of certiorari and quash the transfer of the tand in the name of ).5. D) That this Hon'ble Court may kindly be pleased to direct the respondents to registered the committee constituted by the Gram Panchayat for the welfare of the Bhagwan Balaji/Hanumanji Mandir. E) That this Hon'bie Court may kindly be pieased to direct the respondent state authorities to !ook in the matter and make a arrangement for welfare of the Bhagwan Baiaji Hanumanji Mandir situated at Gram Kurna. F) Any other relief which may be deem fit." 3. -The matter reiates to the right of management of the temple known as 'Bhagwan Balaji/Hanumanji Mandir" situated in the village Kurna. 4. The petitioner Gram Panchayat has alleged in the writ petition that after the death of Mahant-Awadh Bihari Das of the said ,^'- ^-"-^^. ':^., / &....:' ^^^^.. ••'.'^Si.S-': '^- a8s ''• ^2 \'k ".. •i. ^ J/ .^UthF--' ,/S. • '•~i£& are trying to grab the management of the belonging to the temple. The petiSioner in respondent No.5- Rukhmani who ciaims of Mahant-Awadh Bihari Das. The petifioner has alleged that Mahant - Awadh Bihari Das-remained un-mamed temple, some temple and the i particuiar has im[: herself as the dau' during the whoie of hls iife time. 5) Whether Mahant -,Awadh Bihari Das was married or remained un-married and if married, whether respondent No.5 - Rukhmani is his daughter or not, are disputed questions of fact which cannot be decided in the writ proceedings under Article 226 of the Constitution of india as the parties wouid be required to lead evidence in support of their ctaim which course is ne permissible in the writ proceedings. 6) We, therefore, decline to entertain the writ petitlon fsted by the petitioner - Gram Panchayat as PIL leaving it open to the petltioner to approach the Civil Court for the redressal of the irievances projected in the writ petition in accordance with law. 7) The writ petition, therefore, is dismissed summarily. Sd/- Chief Justice ::acma Sd/- Dhirendra Mishra Judge