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2025 DAILYLAW 66249 (ALL)

MUNSHI LAL AND ANOTHER v. STATE OF U.P. AND 4 OTHERS

WRIC/18988/2025 · 2025-07-10

Prakash Padia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:110802 Court No. - 33 Case :- WRIT - C No. - 18988 of 2025 Petitioner :- Munshi Lal And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Rajesh Kumar Bind Counsel for Respondent :- C.S.C. Hon'ble Prakash Padia,J. 1. The petitioners have preferred the present writ petition inter-alias with the following prayer:- "1. issue a writ, order or direction in the nature of mandamus, commanding and directing the respondent no. 2, 3 and 4 to remove the name of respondent no. 5, who was ex-wife of the petitioners' brother namely Vimlesh Kumari from the family register of Gram Sabha Bhatauti, Block- Meja, Tehsil- Meja, District- Prayagraj by considering the Voter List, 2021 and pass an order for lodging First Information Report against Vimlesh Kumari so that government benefits cannot be misused forthwith. 2. issue a writ, order or direction in the nature of mandamus, commanding and directing the respondent no. 2, 3 and 4 to consider and decide the application of the petitioners dated 26.05.2025, within stipulated period of time as fixed by this Hon'ble Court." 2. Learned Standing Counsel placed before this Court the judgment and order dated 18.02.2025 passed in Writ C No. 4621 of 2025. Order reads as follows:- "Petitioner wants deletion of the name of his brother's wife from the family register on the ground that she has remarried. Vimlesh Kumari, whose name is sought to be ousted from the family register is not impleaded as a party in the writ petition. Even otherwise, we find no locus in the petitioner to seek ouster of the name of his brother's wife. The writ petition appears to have been filed in order to settle private dispute with the lady who is not a party before us. We refuse to exercise our jurisdiction under Article 226 of the Constitution of India. Dismissed." 3. In this view of the matter, it is argued that for the same relief petitioners earlier approached this Court by filing aforesaid writ petition which has been dismissed on 18.02.2025. 4. Hence, this is the second writ petition for the same cause of action, the Court is of an opinion that no relief could be granted to the petitioners and the writ petition is liable to be dismissed. 5. At this point of time, a prayer has been made by the counsel for the petitioners to dismiss the present writ petition as not pressed. 6. Accordingly, the writ petition is dismissed as not pressed. Order Date :- 11.7.2025 Swati Digitally signed by :- SWATI PATHAK High Court of Judicature at Allahabad Digitally signed by :- SWATI PATHAK High Court of Judicature at Allahabad