High CourtsDivision Bench

Balwant Singh vs State Of Uttarakhand And Others

Uttarakhand High Court · Decided on 11 August 2023 · Citation: (2023) 08 UK CK 0087

HON’BLE JUDGES
Vipin Sanghi, CJ · Rakesh Thapliyal, J
RESULT
Disposed Of
CASE NUMBER
Special Appeal No. 464 Of 2021
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Judgment

5 paragraphs · 216 words

Vipin Sanghi, CJ

1) The appellant has assailed the order dated 06.10.2021, passed by the learned Single Judge, in Writ Petition (M/S) No. 2108 of 2021, whereby the said writ petition, preferred by the appellant, has been disposed of by observing that it is open to the appellant / writ petitioner to assert his right and claim, that he is the successor of the deceased Moti Singh, in a civil proceeding.

2) The appellant had preferred the writ petition, firstly, to assail the survival certificate dated 18.06.2021, issued in favour of respondent No. 4 Shakambhari Devi, and, secondly, to seek a direction to the respondent authorities to decide his representation.

3) The submission of learned counsel for the appellant is that no direction in relation to the appellant’s representation was issued by the learned Single Judge, while disposing of the writ petition. The appellant does not press any other aspect before us.

4) We dispose of this appeal with a direction to respondent No. 2 to decide appellant’s representation by a reasoned and speaking order, within eight weeks of service of certified copy of this order upon respondent No. 2. The decision shall be communicated to the appellant. The District Magistrate, Nainital, may call for information from respondent No. 4, as well, before taking the decision.