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2025 DAILYLAW 44524 (ALL)

RAMANAND TRIPATHI v. STATE OF UTTAR PRADESH AND 3 OTHERS

WRIC/11929/2025 · 2025-04-21

Shekhar B Saraf, Y K Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:60041-DB Court No. - 40 Case :- WRIT - C No. - 11929 of 2025 Petitioner :- Ramanand Tripathi Respondent :- State Of Uttar Pradesh And 3 Others Counsel for Petitioner :- Dharmendra Prasad,Virendra Singh Chauhan Counsel for Respondent :- Abhishek Ankur Chaurasia,C.S.C. Hon'ble Shekhar B. Saraf,J. Hon'ble Dr. Yogendra Kumar Srivastava,J. 1. Heard learned counsel appearing on behalf of the parties. 2. This is the second round of litigation wherein the writ petitioner has, inter alia, prayed for the following relief: "Issue a writ, order or direction in the nature of mandamus commanding the directing the Respondent No. 2 District Magistrate District Prayagraj to consider and decide the respresentation dated 22.08.2024 (Annexure No. 10 of the writ petition) with regard to death certificate issued on 20.12.2010 under the signature of the Registrar Birth and Death, Nagar Panchayat Shankargarh District Prayagraj without authority of law and also without complaince of the provisions of Section 13(3) of the Regisration of Births and Deaths Act, 1969 and Rule 9 of the U.P Regisration of Birth and Death Rules 2002 and law laid down by this Hon'ble Court in (Zeba Haseeb @ Ankita and another Versus State of U.P. and others) A.F.R passed in Writ C No. 5761 of 2014., showing that Dayanand Tripathi (brother of the petitioner) died on 03.03.1999 in ward no. 01 Lala Ka Purva Nagar Panchayat Shankargarh District Prayagraj, a copy whereof is contained in (Annexure-1)." 3. A coordinate Bench of this Court had dismissed the first writ petition being Writ-C No.35683 of 2024 on the ground of inordinate delay in filing of the said petition. The coordinate Bench had categorically held that no reason has been provided for the inordinate delay of 14 years in filing of the said petition. 4. In the present writ petition, one paragraph has been designated to explain the said inordinate delay, which is provided below: "26. That it is humbly stated no doubt some delay occurred in filing the instant Writ Petition which is not deliberate of intentional delay occurred due to collection of the entire papers as well as poverty after Corona family of the petitioner got disturb." 5. Upon perusal of the said paragraph, we are unable to assist the petitioner, as it is clear that the averment made in the said paragraph does not explain the inordinate delay. 6. In light of the above, the writ petition is dismissed. Order Date :- 22.4.2025 Kuldeep (Dr. Y. K. Srivastava, J.) (Shekhar B. Saraf, J.) Digitally signed by :- KULDEEP SINGH High Court of Judicature at Allahabad Digitally signed by :- KULDEEP SINGH High Court of Judicature at Allahabad