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Neutral Citation No. - 2025:AHC:77803 Court No. - 33 Case :- WRIT - C No. - 7124 of 2025 Petitioner :- Rudal Prasad Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Rajesh Kumar Chaudhary Counsel for Respondent :- Adarsh Singh,C.S.C.,Indra Raj Singh Hon'ble Prakash Padia,J.
1. Heard Sri Rakesh Kumar Chaudhary, learned counsel for the petitioner, learned Standing Counsel for State-respondents and Sri Indra Raj Singh, learned counsel put his appearance by way of impleadment on behalf of Phulpati Devi/respondent no. 5.
2. The petitioner has preferred the present petition inter alia with the following prayer:-
"i). issue, a writ, order or direction in the nature of mandamus commanding the respondent no.4/ Assistant Development Officer (Panchayat) Block-Kaptanganj Tehsil-Harraiya District- Basti to struck off the name of Smt. Phoolpati W/o Ramroop @ Dhupai from Family Register in pursuance of inquiry report dated 02.03.2024 and
12.01.2025. ii). issue, a writ, order or direction in the nature of mandamus commanding the respondents to provide copy of Family Register prepared under U.P. Panchayatraj (Maintenance of Family Register) Rules, 1970 after correction the same in accordance with inquary report dated 02.03.2024 and 12.01.2025."
3. It is argued by learned counsel for the petitioner that an application submitted by the petitioner before the Respondent no. 2/Sub Divisional Magistrate, Tehsil Harraiya District Basti dated 25.01.2024, the matter was referred by him before the Respondent no. 4/Assistant Development Officer (Panchayat) Block-Kaptanganj Tehsil-Harraiya District- Basti, since no action has been taken in this regard, the petitioner again submitted an application on 05.02.2025 copy of which is appended as Annexure No. 4 to the writ petition but till date no decision has been taken in the matter.
4. On the other hand, it is argued by Sri Indra Raj Singh, learned counsel appearing on behalf of respondent no. 5 that in case the respondent No.4/Assistant Development Officer (Panchayat) Block-Kaptanganj Tehsil-Harraiya District- Basti will take a decision in the matter, the objection of his client be also taken into
consideration.
5. Heard learned counsel for the parties and perused the record.
6. In the facts and circumstances of the case, the present petition is disposed of directing the respondent No.4/Assistant Development Officer (Panchayat) Block- Kaptanganj Tehsil-Harraiya District- Basti to pass appropriate orders in the matter expeditiously and preferably within a period of three months from the date of production of certified copy of this order but after providing opportunity of hearing to all the parties concerned.
Order Date :- 13.5.2025 Arti Digitally signed by :- ARTI SHARMA High Court of Judicature at Allahabad Digitally signed by :- ARTI SHARMA High Court of Judicature at Allahabad