Court No. - 30
Case :- WRIT - C No. - 38056 of 2018 Petitioner :- Pateshwari Respondent :- State Of U P And 4 Others Counsel for Petitioner :- Pradeep Kumar Counsel for Respondent :- C.S.C.,Tariq Maqbool Khan Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner, learned Standing Counsel appearing for the State respondents and Sri T.M. Khan, learned counsel appearing for the respondent no. 4.
Present petition has been filed seeking direction to the respondent no. 3 to decide application dated 21.2.2018 and delete the name of family members from family register of village Mudila Chaudhary, Block Paniyara, Tehsil Sadar, District Maharajganj. Further prayer has been made seeking direction in the nature of mandamus to the respondent no. 3 to decide the application dated 11.6.2018 within stipulated period.
The petitioner is aggrieved by deletion of his name from the family register.
Admittedly, the petitioner has alternative remedy by way of filing appeal before the Sub Divisional Officer under Rule 6-A of the U.P. Panchayat Raj (Maintenance of Family Register) Rules, 1970.
In such view of the matter, I am not inclined to entertain the present petition and the same is accordingly dismissed on the ground of alternative remedy available to the petitioner.
However, at this stage, learned counsel for the petitioner submits that the appeal of the petitioner may be time barred.
Accordingly, it is provided that in case any such appeal is filed within a period of 20 days from today before the authority concerned, the same shall be entertained by the authority concerned without raising any objection regarding limitation.
It is made clear that the authority concerned shall not be influenced by any observation made by this Court in this order.
With the aforesaid observations, present petition stands dismissed.
Order Date :- 28.11.2018 Lalit Shukla