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2023 DAILYLAW 3115 (ALL)

VANSH PUNDIR v. STATE OF U.P. AND 2 OTHERS

WRIC/33888/2023 · 2026-05-11

Neeraj Tiwari, Sudhanshu Chauhan

body2023

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 33888 of 2023 Court No. - 4 HON'BLE NEERAJ TIWARI, J. HON'BLE SUDHANSHU CHAUHAN, J. 1. Heard learned counsel for the petitioner, Sri Jai Bahadur Singh, learned counsel for respondent no.3 and learned Standing Counsel for State- respondents. 2. Present petition has been filed with following prayer; "i) issue a writ, order or direction in the nature of Mandamus commanding and directing the respondent no.3/ Apar Nagar Aayukt/ Registrar, Birth and Death, Nagar Nigam, Saharanpur to cancel the birth certificate of petitioner bearing birth registration no.517, date of registration 03.02.2006 in which date of birth is mentioned as 24.01.2006. issue a writ, order or direction in the nature of Mandamus directing the respondent no.3, Apar Nagar Aayukt/ Registrar, Birth and Death, Nagar Nigam, Saharanpur to consider and decide the application of petitioner dated 22.08.2023 regarding cancellation of birth certificate within stipulated period from command of this Hon'ble Court." 3. Learned counsel for the petitioner submitted that a representation before respondent no.3, Aparr Nagar Aayukt/Registrar, Birth and Death, Nagar Nigam, Saharanpur on 2.08.2023 to cancel the birth certificate, but he has not taken any action on the representation of petitioner. He next submitted that for redressal of grievance, he has moved representation dated 22.08.2023 before respondent no. 3 and requested that a suitable direction may be issued and decided the same in accordance with law. Versus Counsel for Petitioner(s) : Hridaya Narain Singh Counsel for Respondent(s) : C.S.C., Jai Bahadur Singh Vansh Pundir .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) 4. Learned counsel for respondents submitted that petitioner is quite old and he will be directed to file fresh representation before respondent no.2, who is competent authority. In case, any representation is filed, same shall be considered and decided in accordance with law at the earliest. 5. Accordingly, petition is disposed of with liberty to the petitioner to file fresh representation along with certified copy of this order before respondent no.2 within two weeks from today. In case, any such representation is filed, Respondent No. 2 shall consider and decide the same strictly in accordance with law, maximum within a period of six weeks from the date of production of a certified copy of this order. 6. It is made clear that Court has not adjudicated the case on merits and it is upon the respondent no. 4 to decide the representation of the petitioner after considering the Act, Rules, Government Orders, Judicial pronouncement made by the Court as well as facts of the case. May 12, 2026 A.N. Mishra WRIC No. 33888 of 2023 2 (Sudhanshu Chauhan,J.) (Neeraj Tiwari,J.) Digitally signed by :- AMARNATH MISHRA High Court of Judicature at Allahabad