Court No. - 25
Case :- WRIT - C No. - 19917 of 2018 Petitioner :- Prabhawati Devi And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rudra Kant Mishra Counsel for Respondent :- C.S.C.
Hon'ble Siddhartha Varma,J.
When it was found that Chandramani, the respondent no.3 was wrongly entered in the Family Register as a son of Nagendra, by an order dated 5.8.2002 the wrong entry was deleted. Against the order dated 5.8.2002, Chandramani filed an appeal under Rule 6-A of the U.P. Panchayat Raj (Maintenance of Family Registers) Rules, 1970 which came to be allowed on 19.3.2018. Hence the instant writ petition.
Learned counsel for the petitioner has tried to assail the appellate order by bringing on record the Khatauni in which there is an order dated 14.6.2010 wherein it was held that Chandramani was the son of one Mahant. Learned counsel for the petitioner has submitted that as he could not bring this order to the notice of the Appellate Court the Appeal was wrongly allowed and the matter was uselessly remanded back.
Learned Standing Counsel has submitted that if the petitioner had not brought to the notice of the Appellate Court the order dated 14.6.2010 then the Appellate Court could not be held responsible for it and the petitioner may now bring it to the notice of the Additional Development Officer (Panchayat) where the matter was now pending after the remand.
The writ petition is therefore being disposed of with a direction that the Additional Development Officer, Panchayat shall decide the case within a period of two months from the date of presentation of a certified copy of this order. He may consider the order dated 14.6.2010.
The petitioner may move an application for interim injunction before the Additional Development Officer (Panchayat) who shall pass orders on it within a period of two weeks.
The writ petition is disposed of.
Order Date :- 31.5.2018/Ashish Pd.