Nanho Devi v. Union of India and Ors

O R D E R %

06.11.2024 [Physical Hearing/Hybrid Hearing (as per request)] CM APPL. 64777/2024 (exemption)

¶1Allowed, subject to all just exceptions W.P.(C) 15433/2024

¶2Learned counsel for respondent no. 1 appearing on advance intimation accepts notice. As rightly submitted by both sides, there is no need to adjourn the matter further for issuance of notice keeping in mind the limited scope of the prayer clause.

¶3The petitioner has invoked writ jurisdiction of this Court, seeking directions to the respondents to process the death claim of her now deceased husband namely Shri Prem Singh by ignoring the hyper technical approach adopted by them. It is explained on behalf of petitioner that the said hyper technical approach was qua a discrepancy in the spelling of name of father This is a digitally signed order. of Shri Prem Singh. In that regard, the petitioner has already submitted affidavits with supporting documents confirming the name of father of Shri Prem Singh. Besides that, there is also an issue regarding date of birth of Shri Prem Singh and on that issue also, petitioner has submitted various documents.

¶4As rightly submitted by learned counsel for petitioner, the respondents cannot sleep over the issue and must decide the claim of the petitioner either way within reasonable time.

¶5The only relief sought by the petitioner is directions to the respondents to dispose of her claim petition.

¶6In view of above circumstances, the petition is allowed and the respondents are directed to decide the claim petition of the petitioner as expeditiously as possible, but positively within a period of eight weeks from receipt of copy of this order. It is learned counsel for petitioner who shall ensure to deliver a copy of this order to all the respondents within one week.

¶7It is made clear that I have not examined the merits of the claim and this order shall not be read as treating the objections of the respondents a hyper technical approach. It is further made clear that depending upon outcome of the claim petition, the petitioner would be at liberty to approach this Court afresh.

GIRISH KATHPALIA, J NOVEMBER 6, 2024/as

Click here to check corrigendum, if any This is a digitally signed order.

* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 15433/2024 NANHO DEVI .....Petitioner Through: Ms. Pooja Singh, Advocate versus UNION OF INDIA AND ORS. .....Respondents Through: Ms. Neha Rastogi, SPC with Mr. Animesh Rastogi and Mr. Vaibhav Singh, Advocate for R1 CORAM: HON'BLE MR. JUSTICE GIRISH KATHPALIA