Court No. - 18
Case :- WRIT - C No. - 12096 of 2021 Petitioner :- Smt. Sapna @ Shabnam And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mohammad Javed,Abdul Majeed,Javed Khan,Sufia Saba Counsel for Respondent :- C.S.C.,Markande Singh Yadav,Sunil Kumar Singh
Hon'ble Ajay Bhanot,J.
Ref: Civil Misc. Recall Application No. 05 of 2021 Heard Ms. Sufia Saba, learned counsel assisted by Smt. Manju Yadav, learned counsel for the petitioner/applicants, Shri Markande Singh Yadav, learned counsel for the respondent no.4 and the learned Standing Counsel.
By means of the recall application, educational certificates depicting the age of the petitioner no. 1 have been brought in the record. The aforesaid educational certificates contradict the medical report determining the age of the petitioner no. 1.
The writ jurisdiction is not the appropriate forum to adjudicate on such disputed questions of fact which need reception of evidence. Needless to add, the observations made in the order dated 26.07.2021, shall not prejudice both the petitioners before any proceedings or court. The correct age shall be determined by the competent court as per law.
This Court has not returned any definitive finding upon the age of the petitioner no. 1 in the said order. The finding shall for the limited purpose for consideration of relief sought in the facts and circumstances of this case alone.
With the aforesaid observations, the application is disposed of.
Order Date :- 23.9.2021/Dhananjai