BABY YASHIKA SINGH AND ANOTHER v. State of UP AND 5 OTHERS
WRIC/40824/2024 · 2025-02-19
Manish Kumar Nigam
body2025
DailyLaw.ai
[ 2025 DAILYLAW 110307 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 110307 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:25933 Court No. - 34 Case :- WRIT - C No. - 40824 of 2024 Petitioner :- Baby Yashika Singh And Another Respondent :- State Of Up And 5 Others Counsel for Petitioner :- Vijay Shantam Counsel for Respondent :- C.S.C. Hon'ble Manish Kumar Nigam,J.
1. Heard learned counsel for the parties and perused the record. 2. This writ petition has been filed seeking following relief :-
"Issue a writ, order or direction in the nature of certiorari and quash the order dated 12.11.2024, 11.11.2024 and 4.11.2024 (Prima Facie Biased orders) passed by Respondent no. 4 (Annexure no. 1, 2 and 3) in Leading Mutation Case no. 3512 of 2021 (Durgesh Nandini Vs Shanti Devi) u/s 35 of Revenue code, 2006 thereby mutating the name of the Respondent no. 5 (allegedly born on 29.5.2021 using IVF Technique after the death of Late Virpal Singh Arya (the husband of Petitioner no. 2 Died due to Covid-19 on 7.5.2021) in Agricultural land belonging to Late Veerpal Singh Arya/Husband of the Petitioner no. 2 and in the name of Late Smt. Shanti Devi/Mother-in-law of the Petitioner no. 2 (Died on 28.8.2020) against the finding recorded by this Hon'ble court in its order dated 29.2.2024 passed in WRIT-C No. 3600 of 2024 (Smt. Reetu Singh Versus State of U.P. & Anr.). (ii) Issue a writ, order or direction in the nature of mandamus directing the Respondent no. 1 and 2 to initiate internal enquiry or initiate the disciplinary action against the Respondent nos. 4 (Sri Lavin Kumar, the Naib Tehsildar Debai Bulandshahr) who passed such blatant illegal and biased order without any sanction/degree of a civil court thereby disturbing the natural succession to the properties of the deceased husband of the Petitioner no. 2 (Late Virpal Singh). (iii) Issue a writ, order or direction thereby initiate an enquiry by government agency like CB- CID/CBI into the working of the INDIRA IVF HSOPITAL BAREILLY, whether it can transplant a sperm of a married man into the womb of a woman out side the marriage as it can protect the many families and social order in future."
3. A preliminary objection has been raised by learned Standing Counsel that against the order impugned, there is an alternative remedy of filing an appeal under the relevant provisions of the U.P. Revenue Code, 2006. 4.
In view of the same, I am not inclined to interfere with the matter. 5. Accordingly, this writ petition stands disposed of with liberty to the petitioner to avail the alternative remedy, as available to him, under the law. 6. Certified copy, if any, may be returned to learned counsel for the petitioners after retaining xerox copy of the same on record. Order Date :- 20.2.2025 Rishabh [Manish Kumar Nigam, J.] Digitally signed by :- RISHABH KUMAR High Court of Judicature at Allahabad Digitally signed by :- RISHABH KUMAR High Court of Judicature at Allahabad