IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 5317 of 2010. Date of decision: 10.08.2011 ___________________________________________________ Desh Raj …. Petitioner. Versus State of HP & Ors. ….. Respondents. Coram: The Hon’ble Mr. Justice Deepak Gupta, J. Whether approved for reporting? No. For the petitioner: Mr. Dalip K. Sharma, Advocate. For the respondents: Mr. Vivek Singh Thakur, Addl. AG with Mr. Rajesh Mandhotra, Dy. AG for respondents No.1 to 4. Mr. Lalit K. Sharma, Advocate for respondent No.5. ______________________________________________________ Deepak Gupta, J.(Oral). 1. By means of this petition, the petitioner has prayed that the Gram Panchayat, Chagaon, Tehsil Nichar, District Kinnaur be directed to enter the name of the petitioner in the Pariwar Register showing him to be the son of late Shri Shyam Sunder who died in floods at Wangtoo on 11.8.1997. The case of the petitioner is that he was born from the loins of late Shri Shyam Sunder. ___________ Whether the Reporters of Local Papers may be allowed to see the judgment Yes. 2 2. Notice of the petition was issued to respondent No.5-Dinesh Kumar who is admittedly the son of late Shri Shyam Sunder. He (Respondent No.5) in his affidavit stated that late Shri Shyam Sunder had left behind only three children i.e. respondent No.5, Vikram Singh and Ritika. According to the respondent No.5, the petitioner is not the son of late Shyam Sunder. Respondent No.5 alongwith his reply has filed affidavits of large number of persons belonging to the same village, in which they have stated that the petitioner is not the son of late Shri Shyam Sunder. This Court cannot decide this disputed question, as to whether the petitioner is the son of late Shri Shyam Sunder in writ proceedings. Therefore, the petition is disposed of with liberty reserved to the petitioner to establish his rights in the Civil Court. No costs. (Deepak Gupta) Judge August 10, 2011. (Krn Guleria)