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2025 DAILYLAW 105576 (ALL)

RAMANAND TRIPATHI v. State of UP AND 5 OTHERS

WRIC/35683/2024 · 2025-01-27

Shekhar B Saraf, Vipin Chandra Dixit

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:13681-DB Court No. - 40 Case :- WRIT - C No. - 35683 of 2024 Petitioner :- Ramanand Tripathi Respondent :- State Of Up And 5 Others Counsel for Petitioner :- Dharmendra Prasad,Durga Prasad Swarnkar Counsel for Respondent :- Abhishek Ankur Chaurasia,C.S.C. Hon'ble Shekhar B. Saraf,J. Hon'ble Vipin Chandra Dixit,J. 1. Heard learned counsel appearing on behalf of the parties. 2. This is a writ petition under Article 226 of the Constitution of India wherein the writ petitioner has prayed for the following reliefs :- "(i) Issue a writ, order or direction in the nature of mandamus commanding the direct the respondents to cancel the so-called death certificate issued on 20.12.2010 under the signature of the Registrar Birth and Death, Nagar Panchyat Shankargarh District Prayagraj showing that Dayanand Tripathi (brother of the petitioner) died on 03.03.1999 in ward no.01 Lala Ka Purva Nagar Panchyat Shankargarh District Prayagraj, a copy whereof is contained in Annexure-1 to the writ petition and a thorough enquiry may also be directed to be conducted through an independent agency so as to demonstrates as to whether the petitioner brother Dayanand Tripathi has actually died or alive;" 3. Learned counsel appearing on behalf of the petitioner is not able to provide any explanation for the inordinate delay in filing this writ petition, that is, after a period of 14 years from the date of issue of death certificate which was issued on December 20, 2010. 4. Learned counsel appearing on behalf of the respondents submits that originally the death certificate was issued in the year 2006, and accordingly, there is delay of 18 years in filing this writ petition. 5. Since the petitioner is not able to explain the inordinate delay in filing this writ petition, therefore, we do not find it fit to entertain the same. 6. Accordingly, this writ petition is dismissed in limine. Order Date :- 27.1.2025 Dev/- (Vipin Chandra Dixit,J.) (Shekhar B. Saraf,J.) Digitally signed by :- DEV PRAKASH High Court of Judicature at Allahabad