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2015 DIGILAW 595 (HP)

Devta Balu Nag Ji v. Devta Shring Rishi Ji

2015-05-26

MANSOOR AHMAD MIR, TARLOK SINGH CHAUHAN

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JUDGMENT : Mansoor Ahmad Mir, J. The appeal, on the face of it, is not maintainable for the simple reason that the appellant was not a party in the lis before the Writ Court in CWP No. 3757 of 2011-D, titled as Devta Shring Rishi Ji and other versus State of Himachal Pradesh and others and has not applied for grant of leave to file appeal, not to speak of carving out a case for grant of leave. 2. It is a beaten law of land that leave can be granted to a third party provided it carves out a case to the effect that the impugned judgment is prejudicial to its rights and interests. 3. The Writ Court in para 2 and the last para of the impugned judgment held that it has not determined the rights of the parties by the medium of the impugned judgment. However, the Writ Court has observed that the Deputy Commissioner's communication, dated 01.10.2008 is taking care of the grievances of the writ petitioners. It is apt to reproduce para 2 and the last para of the impugned judgment herein: "2. In this writ petition, I do not intend to adjudicate upon the rights of each and every deity or individual but only the participation of the petitioner deity in the Kullu Dussehra festival which is of International fame. ....................... In these circumstances, this Court sees no reason as to why this practice should not be followed in letter and spirit, which should take care of all the grievances of the petitioners. It is directed accordingly. This order does not determine or circumscribe the right of any other participant in the festival." 4. In the given circumstances, appeal merits to be dismissed. However, the appellant is at liberty to challenge the communication, dated 01.10.2008 (Annexure P-1 to the writ petition), if aggrieved and advised. 5. The appeal is dismissed as such alongwith all pending applications.