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2025 DAILYLAW 40481 (DEL)

UNION OF INDIA AND ANR v. SANGEETA WAHI & ORS

LPA/129/2024 · 2025-01-16

Tushar Rao Gedela

body2025

Judgment text

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LPA 129/2024 $~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI + LPA 129/2024 UNION OF INDIA AND ANR .....Appellants Through: Mr. Jaswinder Singh, Advocate versus SANGEETA WAHI & ORS .....Respondents Through: Ms. Anu Mehta and Mr. Celly Sadana, Advocates with respondent No.1 in person. Ms. Avni Singh, Advocate for GNCTD CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE TUSHAR RAO GEDELA O R D E R % 22.04.2025 CM APPL. 17157/2025 (for clarification) 1. This is an application filed on behalf of the applicant/respondent no.1 seeking clarification/necessary directions for release of Fixed Deposit of Rs.50 Lakhs viz. the insurance money awarded to her by this Court vide its judgement dated 16.01.2025. 2. Learned counsel for the applicant/respondent no.1 submitted that the Bank has raised an objection regarding the mismatch of name of the applicant with her Aadhaar card. Due to this discrepancy, the Bank has not released the awarded amount in favour of the applicant. It is asserted that the name of the applicant as borne in the Aadhar Card is ‘Sangeeta’ in place of ‘Sangeeta Wahi’. It is further submitted that the earlier Aadhaar This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/04/2025 at 17:24:38 LPA 129/2024 card of the respondent no.1 bore her name as ‘Sangeeta Wahi’, however, it was subsequently changed to ‘Sangeeta’ on the oral instructions of the officials of the Department where her deceased husband was employed. She asserts that ‘Sangeeta’ and ‘Sangeeta Wahi’ are one and the same person. 3. In these circumstances and also to ascertain the correct facts, this Court had, vide order dated 25.03.2025, directed the Sub Divisional Magistrate (SDM) of the area concerned to submit a Report on the basis of an enquiry to be conducted by him to determine the fact as to whether ‘Sangeeta’ and ‘Sangeeta Wahi’ are one and the same person. 4. Pursuant to our order dated 25.03.2025, a Status Report has been furnished in sealed cover by the SDM of the area concerned. The same is taken on record. The Status Report dated 21.04.2025 reads as under:- “REPORT IN COMPLIANCE OF HON'BLE COURT'S ORDER DATED 25.03.2025 Most respectfully showeth that:- 1. That the undersigned was communicated the Order dated 25.03.2025 passed by this Hon'ble Court in the present appeal directing as herein below: “5 In these circumstance, we direct that the Sub-Divisional Magistrate (SDM) of the area concerned shall submit a report on the basis of an enquiry to be conducted by him to determine the fact as to whether Sangeeta Wahi and Sangeeta are one and the same person. 6. The said enquiry shall be based on examining the respondent no.1, her family members and neighbours etc. The enquiry shall be conducted within two weeks. A report thereto shall be submitted through the Registrar General of this Court by the SDM concerned before the next date.” 2. That in compliance of the aforesaid direction, a field verification was conducted by the office of the undersigned. The Halqa Patwari visited the location of the individual Sangeeta Wahi at the address- P-4/63, Old This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/04/2025 at 17:24:38 LPA 129/2024 Double Storey, Nirmal Puri, Lajpat Nagar-IV, New Delhi-110024. On arriving at the said address, the official met with Ms. Sangeeta who made a statement to the effect that Sangeet Wahi and Sangeeta were the same individual and the discrepancy had arisen on account of her using the name 'Sangeeta Wahi' on some documents and the name 'Sangeeta' in others. Further, this fact was substantiated by the examination of two of her neighbours as well as family members (her children) who have signed her handwritten statement as witnesses. A copy of the Halqa Patwari Report alongwith enclosures is annexed herewith as Annexure-A 3. That the undersigned prays for the Status Report to be taken on record and is ready to comply with any further directions of this Hon'ble Court.” 5. We have perused the Status Report as also the documents annexed thereto in the course of enquiry got conducted by the SDM, which clearly indicates that ‘Sangeeta’ and ‘Sangeeta Wahi’ are one and the same person. We are satisfied with the Status Report. 6. In view of the above, the present application is allowed and the Registrar General, Delhi High Court is directed to give clearance for release of the FD in favour of the applicant/respondent no.1 - Sangeeta Wahi @ Sangeeta. 7. Accordingly, the directions given in paragraph 21 of the judgement dated 16.01.2025 be implemented in terms of the aforesaid conclusion. DEVENDRA KUMAR UPADHYAYA, CJ TUSHAR RAO GEDELA, J APRIL 22, 2025/SV This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/04/2025 at 17:24:38