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2025 DAILYLAW 36454 (ALL)

HARINANDAN DHAR v. STATE OF U.P. AND 11 OTHERS

WRIC/10280/2025 · 2025-05-11

Prakash Padia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:76901 Court No. - 33 Case :- WRIT - C No. - 10280 of 2025 Petitioner :- Harinandan Dhar Respondent :- State Of U.P. And 11 Others Counsel for Petitioner :- Kamlakar Pal,Shiv Kumar Pal Counsel for Respondent :- C.S.C.,Sudhir Bharti Hon'ble Prakash Padia,J. 1. Order dated 07.01.2025 passed by the respondent no.3-District Panchayat Raj Officer, District Gorakhpur is under challenge in the present writ petition. 2. By the aforesaid order, direction was given by him to respondent no.5-Assistant Development Officer (Panchayat), District Gorakhpur to make proper amendment in the family Register as per provision contained in U.P. Panchayat Raj (Maintenance of Family Register) Rules, 1970. 3. It is argued by the learned counsel for the petitioner that after the aforesaid letter, no action was taken, hence the present writ petition. 4. On the other hand, learned Standing placed the instructions dated 08.05.2025 under the Signature of District Panchayat Raj Officer, Gorakhpur. Along with said instructions, copy of the decision taken by the respondent no.5-Assistant Development Officer (Panchayat) dated 10.02.2025 is also appended. By the aforesaid order, necessary corrections were made in the family Register, copy of the same has been provided to the learned counsel for the petitioner also. 5. After going through the same, prayer has been made by the learned counsel for the petitioner to permit him to file an appeal against the aforesaid order as provided under Rule 6A of U.P. Panchayat Raj (Maintenance of Family Register) Rules, 1970. Rule 6A of Rules 1970 is extracted below:- "Rule 6. Inclusion of names in the register. Any person whose name is not included in the family register may apply to the Assistant Development Officer (Panchayat) for the inclusion of this name therein. (2) The Assistant Development Officer (Panchayat) shall if, satisfied, after such enquiry as he, thinks fit that the applicant is entitled to be registered in the register direct that the name of the applicant be included therein and the Secretary of the Gram Sabha shall include the name accordingly." Rule 6-A. Any person aggrieved by an order made under Rule 5 or Rule 6 may, within 30 days from the date of such order prefer and appeal to the Sub-Divisional Officer whose decision shall be final." 6. In this view of the matter, the present writ petition is dismissed on the ground of alternative remedy. Order Date :- 12.5.2025 T.S. Digitally signed by :- TRIBHUWAN SINGH High Court of Judicature at Allahabad