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2025 DAILYLAW 161317 (ALL)

AMRENDRA KUMAR ALIAS ROHIT KUMAR v. DISTRICT MAGISTRATE DISTT. SITAPUR AND 4 OTHERS

WRIC/8649/2025 · 2025-09-11

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 8649 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE BRIJ RAJ SINGH, J. 1. Heard learned counsel for the petitioner, learned Standing Counsel, who appears for the State-opposite parties and perused the record. 2. This writ petition has been filed by petitioner with following main prayer(s): "i) issue a writ, order or direction in the nature of mandamus, commanding the opposite party no.2, 3 & 4 to delete/amend/correct the word 'Gumshuda' from the name of the petitioner in the Pariwar Register' of the petitioner, contained as Annexure No.6 to the writ petition. (ii) issue a writ, order or direction in the nature of mandamus, commanding the opposite party no.2, 3 & 4 to decide the representation made by the petitioner contained as Annexure No.8 to the writ petition." 3. It is the case of the petitioner that the petitioner got lost when he was about 12 and a half years old and started living in Punjab. The father of the petitioner submitted a detailed complaint against few villagers on suspicion that they had abducted the petitioner, a copy of the complaint dated 01.08.2003 has been filed as Annexure No.1 to the writ petition. On the basis of such complaint, an entry was made in the pariwar register of 'gumshuda' (missing). Now the petitioner has reported to his village, He wants the entry to be corrected. It is his case that the petitioner has three real sisters and mother although his father has expired. Versus Counsel for Petitioner(s) : Neeraj Kumar Baghel, Amrendra Kumar, Piyush Pathak, Praveen Yadav Counsel for Respondent(s) : C.S.C. Amrendra Kumar Alias Rohit Kumar .....Petitioner(s) District Magistrate Distt. Sitapur And 4 Others .....Respondent(s) 4. It is submitted that a Gram Sabha meeting was held in which the petitioner was recognized as the person, who had been abducted when he was about 12 and a half years old sometime in the year 2003, but the relevant correction in the pariwar register has not been carried out. Hence this writ petition has been filed with the aforesaid prayers. 5. Learned Standing Counsel has produced before this Court instructions sent by Sub Divisional Magistrate, Biswan, Sitapur, wherein it has been stated that a report was sought from the Tehsildar and Block Development Officer as well as Gram Panchayat Adhikari regarding Gram Sabha meeting, if any, held with regard to the petitioner's claim of being son of Avadhesh Kumar. It has been reported that Gram Panchayat Revan has convened a general meeting on 29.05.2025, wherein the some persons including neighbours and one sister of the petitioner had recognized him to be the same person, who had gone missing in 2003, but his alleged mother namely Champakali and his sisters Vitlesh and Veenu Devi have refused to recognize him as son of Avadhesh Kumar. The instructions are kept on record. 6. Be that as it may, since the limited prayer as made in this writ petition is for correction in the pariwar register entry, we direct the petitioner to approach the Assistant Development Officer, Panchayat under Rule 5 of the U.P. Panchayat Raj (Maintenance of Family Registers) Rules, 1970 within a week. If such an application is made, the same shall be considered and after providing opportunity of hearing to all concerned appropriate order shall be passed within four weeks thereafter. 7. The writ petition is disposed of accordingly. September 11, 2025 Anupam S/- WRIC No. 8649 of 2025 2 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- ANUPAM SINGH PATEL High Court of Judicature at Allahabad, Lucknow Bench