Munshi Singh And Another vs State Of Uttarakhand And Others

Alok Kumar Verma, J

The present Writ Petition under Article 226 of the Constitution of India has been filed with the following prayers: -

“a) Issue a writ, order or direction in the nature of mandamus commanding respondents to take appropriate decision in accordance with law on the dated 20.11.2020 (Annexure No. 2 to the writ petition).

b) Issue a writ, order or direction in the nature of mandamus commanding respondents to take appropriate decision in accordance with law on the application dated 21-05-2024 & 15-06- 2024 of petitioners (Annexure No. 10 & 11 to the writ petition), seeking correct ion of entry in family register, at the earliest, within four weeks or within stipulated period, which this Hon'ble Court deem fit and proper in facts and circumstances of the case.

c) Any other order or direction which this Hon'ble court deem s fit and proper in fact s and circumstances of the case, be passed.

d) To award cost of the Petition to the Petitioners.”

The case of the petitioners is that their father’s name is “Pratapi Singh”. The name of Pratapi Singh was recorded in the Revenue Records, Ration Card, Aadhar Card, Family Register, Voter I D Card, School Leaving Certificate, PAN Card, Voter List, Income Certificate, Caste Certificate and Permanent Residence Certificate. On 20.11.2020, a meeting was held in the presence of the Gram Pradhan, Gram Panchayat Development Officer and Villagers in which without any authority a direction was issued to change the name of the father of the petitioners from Pratapi Singh to Dhani Singh. Therefore, their father’s name has been entered as Dhani Singh in the record of Family Register.

On 08.05.2024, the petitioners moved an Application before the Block Development Officer, Gadarpur, District Udham Singh Nagar for correction of the name of their father in Family Register. The Block Development Officer, Gadarpur directed the petitioners on 21.05.2024 to file online application at Uttarakhand Government Port al “APUNI SARKAR” for due process. The petitioners filed their application on “APUNI SARKAR” portal for correction of entry in Family Register along with the relevant documents. The said application is still pending.

Heard Mr. Yashpal Singh, learned counsel for the petitioners and Mr. Devendra Singh Bohra, learned Standing Counsel for the respondent nos. 1 to 5.

Mr. Yashpal Singh, Advocate has requested to decide the present writ petition with a direction to the respondent no. 4, Block Development Officer, Gadarpur and respondent no.5, Tehsildar, Gadarpur to decide the application of the petitioners which is available on the said portal.

Learned counsel for the State has sought four weeks’ time to decide the said application.

Mr. Yashpal Singh, Advocate, agrees with the said time limit proposed by the counsel for the State.

With the consent of the learned counsel for both the parties, the present writ petition is disposed of directing the respondent nos. 4 and 5 to decide the Application of the petitioners which is available on the port al “APUNI SARKAR” as expeditiously as possible, but not later than four weeks from today, as per law.

It is made clear that this Court has not expressed any opinion on the merit of the case.