Shivangi Rai v. State of U.P. and 2 Others

Court No. - 6 Case :- WRIT - C No. - 39221 of 2023 Petitioner :- Shivangi Rai Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rajesh Kumar Mishra Counsel for Respondent :- C.S.C. Hon'ble Mrs. Manju Rani Chauhan,J. Heard Mr. Rajesh Kumar Mishra, learned counsel for the petitioner and learned Standing Counsel for the respondents-State. This writ petition has been filed by the petitioner with a prayer to direct the respondent no.3 to make the pariwar register of the petitioner and family members and a further prayer to direct the respondent no.2 to consider and decide the representation dated

14.07.2023 moved petitioner. Learned counsel for the petitioner submits that after the death of petitioner's husband, she moved an application before the respondent no.3 requesting to include her name in the family register, which is pending. Therefore, a direction may be issued to respondent no.3 to decide the application of the applicant within stipulated period. Learned Standing Counsel has pointed out that competent authority to look into the grievance of the petitioner is A.D.O., Panchayat, therefore, in case the petitioner moves an application before the A.D.O., Panchayat, the same will be decided in accordance with law. In view of the aforesaid, no useful purpose will be served to keep this writ petition pending and calling for a counter affidavit. Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, this writ petition is finally disposed of with a direction to the petitioner to file afresh representation/application before the competent authority, i.e. A.D.O. Panchayat, within three weeks from today along with a certified copy of this order and, if any such application is filed, the competent authority shall make all endeavours to consider and decide the same after giving opportunity of hearing to all the parties expeditiously, in accordance with law, by reasoned and speaking order, preferably within a period of two months from the date of receipt of the said application. It is made clear that this Court has not examined the merits of the case of the petitioner and the authority concerned shall apply its own mind strictly in accordance with law. Order Date :- 9.11.2023 Jitendra/- High Court of Judicature at Allahabad