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Neutral Citation No. - 2025:AHC:70128-DB Court No. - 40 Case :- WRIT - C No. - 12622 of 2025 Petitioner :- Shivji Yadav Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Achal Singh,Rakesh Kumar Singh Counsel for Respondent :- 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 a writ petition under Article 226 of the Constitution of India wherein the writ petitioner has prayed for the following substantial reliefs:
"(i) issue a writ, order or direction in the nature of certiorari quashing the report dated 26.09.2023 submitted by the respondent No.7 and letter/order dated 26.09.2023 passed by the respondent No.6 and letter/order dated 05.01.2024 issued by the respondent No.3 (Annexure No. 7, 8 and 13 respectively to the writ petition). (ii) issue a writ, order or direction in the nature of mandamus commanding the respondents No.3 to 7 to issue the death certificate of the father of petitioner namely Hari Shankar Yadav recording the correct date of death as 20.11.2020 expeditiously."
3. Upon perusal of the documents on record and after hearing counsel appearing on behalf of the parties, it appears that on earlier occasion, the District Magistrate had passed an order wherein the date of death of the father of the petitioner had been declared as November 20, 2020. However, subsequently it appears that letters have been issued by the different authorities contradicting the same which have been confirmed by the District Magistrate on January 5, 2024.
4. We find that there appears to be some kind of mala fide approach in the entire proceedings. Accordingly, we quash and set aside all the impugned letters/orders dated September 26, 2023 and January 5, 2024 with a direction upon the District Magistrate to grant an opportunity of hearing to the petitioner as well as respondent No.8, allow them to provide their documents, if required, and thereafter, pass a reasoned order in accordance with law within a period of twelve weeks from the date of production of a certified copy of this order.
5. With the aforesaid directions, the writ petition is disposed of. Order Date :- 2.5.2025 Kuldeep (Dr. Y. K. Srivastava, J.) (Shekhar B. Saraf, J.) Digitally signed by :- KULDEEP SINGH High Court of Judicature at Allahabad