IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP No. 2637/2008 Decided on:26.8. 2009 ________________________________________________ Nag Devta Temple. …Petitioner. Versus State of Himachal Pradesh and others. … Respondents. __________________________________________________________ Coram: Hon’ble Mr. Justice R.B. Misra, Acting Chief Justice. Hon’ble Mr. Justice Rajiv Sharma, Judge. Whether approved for reporting?1 For the petitioner : None. For the Respondents: Mr. R.K. Bawa, Advocate General with Mr. P.K. Sharma, Additional Advocate General, Mr. J.K. Verma and Mr. Anil Jaswal, Deputy Advocate Generals for respondents No.1 to 4. ________________________________________________________ The petitioner is seeking issuance of writ in the nature of mandamus directing the respondents not to construct the parallel road on the basis of fresh survey being conducted by it. The alternative relief sought for is to produce the ‘no objection certificates’ by way of affidavits of the persons whose land is likely to be used for the construction of road under the fresh survey. The case of the petitioner, in nutshell, is that the Public Works Department has undertaken the 1 Whether reporters of the local papers may be allowed to see the judgment? 2 construction of the road in question and has constructed upto one kilometer. Thereafter according to the petitioner, the same was abandoned and the road was being constructed on the basis of fresh survey at the instance of the Contractor. Respondent-State has filed the reply. It has come in the reply that Sh. Keshav Ram is not the Mahant of the temple. The Pradhan of the committee constituted to look after the affairs of the Devta is Sh. Mansna Ram. Sh. Rajinder Singh Kashyap is the General Secretary of the committee. The Pradhan, Gram Panchayat, Sarion has submitted the affidavits of the land owners to be used for the purpose of construction of road. The respondents have denied the existence of any survey conducted by the Himachal Pradesh Public Works Department. The road is being constructed under the supervision of Himachal Pradesh Public Works Department from Sandhu to Basamahog. It was extended from Basamahog to Dheloghat under the scheme named as NABARD. The petitioner has no locus standi to file and maintain the present petition. He is not the Pradhan of the Temple. The Pradhan as per the reply is Sh. Mansna Ram. The road is being constructed under the supervision of the Himachal Pradesh Public Works Department. It is for the State Government to undertake the construction of the roads. This Court will not interfere in the policy matters of the State Government as far as the construction of roads is concerned. It has come in the reply, as noticed above, that no survey was ever conducted by the Himachal Pradesh Public Works Department. The owners of the land have already submitted affidavits to the Pradhan, Gram Panchayat, Sarion. 3 In these circumstances, the writ petition is dismissed due to lack of locus standi on the part of the petitioner and on merits as well. (R.B. Misra), Acting Chief Justice (Rajiv Sharma), Judge 26.8.2009. *awasthi*