HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 23475 of 2025 Court No. - 6 HON'BLE PRAKASH PADIA, J. 1. Heard Sri R.K. Ganguli, learned counsel for the petitioner, learned Standing Counsel for respondent Nos.1 to 3 and Sri Ram Prasad Dubey, learned counsel for respondent No.6. 2. The petitioner has preferred the present petition with the following prayers:- (i) Issue a writ order or direction in the nature of Certiorari quashing the orders dated 16.06.2025 passed by the respondent No.2 and the order dated 07.10.2022 passed by the respondent No.3 respectively (Annexure No.1 and 2 to the writ petition). 3. Facts in brief as contained in the writ petition are that the application was filed by the respondent No.6/Sheel Singh before the respondent No.3/Assistant Development Officer, Azamgarh District Azamgarh as provided under U.P. Panchayat Raj (Maintenance of Family Register), Rules 1970. On the aforesaid application, order dated 07.10.2022 was passed by the respondent No.3/Assistant Development Officer, Azamgarh District Azamgarh in which it is held that name of Ragini Singh/respondent No.5 is the wife of one Saurabh Singh Versus Counsel for Petitioner(s) : Ashutosh Ganguli, Pranab Kumar Ganguli Counsel for Respondent(s) : C.S.C., Manoj Kumar Singh, Ram Prasad Dubey Saurabh .....Petitioner(s) State Of U.P. And 5 Others .....Respondent(s) and her name be mentioned in the Revenue Records. Aggrieved with the aforesaid order, the petitioner preferred Appeal being Appeal No.1196 of 2023 (Saurabh Vs. Ragini Singh) as provided under Section 6A of U.P. Panchayat Act, 1947 before the respondent No.2/Sub Divisional Magistrate, Sagri District Azamgarh which was rejected by him vide order dated 16.06.2025. Hence the present petition. 4. Apart from various other arguments, one of the argument has been raised by learned counsel for the petitioner that perverse findings have been recorded by the respondent No.4 while passing the order dated 07.10.2022. The operative portion of the order dated 07.10.2022 reads as follows:- अतः में रामअशीष िसह सहायक िवकास अिधकारी (पंचायत) िवकास खण्ड- जस्तना तहसील- सगड़ी, जनपद- आजमगढ़़़़ पिरवार रिजस्टर अनुरक्षण िनवमावली 1970 के िनयम 62) में प्रदत्त अिधकारों का प्रयोग करते हुए श्री ज्ञानदीप ग्राम पंचायत अिधकारी, ग्राम कं जरा िदलशादपुर को आदेिशत करता हूँ िक ग्राम कं जरा िदलशादपुर के पिरवार रिजस्टर के मकान स०-28. के क्रम स० -31 पर अंिकत रािगनी पत्नी करन िसह के सामने अभ्युिदत के कालम में पुनिववाह अिकत करते हुए रािननी िसह पत्नी सौरभ िसह दजर् करें तथा पत्रावली सुरिक्षत रखें। 5. It is argued that the observations made in the aforesaid order is per-se illegal and the same has been passed without jurisdiction. It is argued that the order impugned could not be passed in summary proceedings. 6. Heard learned counsel for the parties and perused the record. 7. From perusal of the record, it transpires that while passing the order dated 07.10.2022, the direction given by the respondent No.3 is inexcess of his power conferred by him under the Rules, 1970. 8. This fact is also admitted by learned counsel for the respondents. 9. Since the order dated 07.10.2022 passed by respondent No.3/Assistant Development Officer, Azamgarh has been WRIC No. 23475 of 2025 2 passed in excess of power conferred upon him under Rules 1970, the same is liable to be set aside and is hereby set aside. The consequential order dated16.06.2025 passed by the respondent No.2/Sub Divisional Magistrate, Sagri District Azamgarh is also set aside. (Prakash Padia,J.) September 25, 2025 saqlain WRIC No. 23475 of 2025 3 Digitally signed by :- SYED MOHAMMAD SAQLAIN HAIDER High Court of Judicature at Allahabad