Extracted from the PDF above. The PDF is authoritative.
2025:UHC:911 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA
13th FEBRUARY, 2025
WRIT PETITION (M/S) NO.265 of 2025
Smt. Anita Devi
..…Petitioner
Versus
State of Uttarakhand and Others ..…Respondents
Counsel for the Petitioner : Dr. Udyog Shukla,
Advocate.
Counsel for the Respondent : Mr. Suyash Pant, Nos.1 to 3
Standing Counsel.
Hon’ble Alok Kumar Verma,J.
Present Writ Petition has been filed under Article 226 of the Constitution of India with the following prayers:-
“(i) A writ, order or direction in the nature of mandamus directing the respondents to issue the succession certificate to the petitioner of the deceased Late Sri Prem Ram husband of the petitioner. (ii) A writ, order or direction in the nature of mandamus commanding the respondents to take appropriate decision on the application of the succession certificate (Annexure No.10) considering the evidences available on records without any further delay. (iii) Any other suitable writ order or direction which this Hon’ble Court may deem fit and proper in the circumstances of the case. 1
2025:UHC:911 (iv) Award cost of the petition to the petitioner.”
2.
Heard Dr. Udyog Shukla, learned counsel for petitioner and Mr. Suyash Pant, learned Standing Counsel for respondents.
3.
Dr. Udyog Shukla, Advocate, submitted that the petitioner applied for the legal heirs certificate (Uttarzivi Praman Patra) on 23.12.2024. The said application is still pending before the Sub-Divisional Magistrate, Kaladhungi, Nainital, respondent no.2.
4.
Dr. Udyog Shukla, Advocate, has requested to decide the present writ petition directing the respondent no.2 to decide the said application dated 23.12.2024 as expeditiously as possible.
5.
Mr. Suyash Pant, learned Standing Counsel, on behalf of respondent no.2 has sought three weeks’ time to decide the said application.
6.
With the consent of both the parties, the present Writ Petition (No.265 of 2025) is disposed of directing the Sub-Divisional Magistrate, Kaladhungi, Nainital, the respondent no.2, to decide the said application dated 23.12.2024 as expeditiously as possible, but not later than three weeks from the date of production of the certified copy of this order. 2
2025:UHC:911
7.
It is made clear that this Court has not expressed any opinion on the merit of the case.
___________________ ALOK KUMAR VERMA, J.
Dt:13.02.2025 Neha
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