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2025 DAILYLAW 91448 (ALL)

KAUSTUK DWIVEDI v. UNION OF INDIA AND ANOTHER

WRIC/30962/2025 · 2025-09-14

Arun Kumar, Manoj Kumar Gupta

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 30962 of 2025 Court No. - 21 HON'BLE MANOJ KUMAR GUPTA, J. HON'BLE ARUN KUMAR, J. 1. The petitioner has prayed for writ of mandamus commanding respondent no. 2 to issue Aadhaar Card in his favour. 2. Sri Virendra Kumar Singh, Advocate appearing on behalf of respondent no. 2 has placed on record the instructions received from the said respondent. The relevant paragraph of the same is as follows: "1. That in reference to the instant writ petition the respondents like to submit that initially petitioner (Kaustuk Dwivedi), Aadhaar was generated on 25/10/2019 at 14:45:55 along with his Biometric, because as per the petitioner's Date Of Birth in Aadhaar 14/10/2014, at the time of Enrolment he was above 5 yrs of age. And as per the Aadhaar Enrolment and Update Regulations, 2016, Chapter II "Resident Enrolment Process" Section 3(1) The following biometric information shall be collected from all individuals undergoing enrolment (other than children below five years of age) 2. That on the very same day on 29-10-2015 prior to the Enrolment of petitioner's Aadhaar, his younger brother "Kaushal Diwvedi" had got enrolled himself for his Aadhaar Generation at 14:34:42 on 25/10/2019, and as per the records petitioner's brother (Kaushal Diwvedi) Date of Birth in Aadhaar is 29-10-2015, which means at the time of Enrolment he was below 5 years of age, therefore his Aadhaar was generated on HOF (Head of the family) basis. without capturing his own biometrics. 3. That later on 17/12/2024 petitioner had went to update his biometric's in his Aadhaar Number, but as per the analysis report received from UIDAI Tech Centre, Bangaluru. On 17/12/2024 petitioner (Kaustuk Dwivedi) had given his Biometrics in his Aadhaar as well as in the Aadhaar of his brother 'Kaushal Dwivedi'. Versus Counsel for Petitioner(s) : Kanchan, Nilam Shukla, Surendra Prasad Shukla Counsel for Respondent(s) : A.S.G.I. Kaustuk Dwivedi .....Petitioner(s) Union Of India And Another .....Respondent(s) 4. That due to this Biometrics Mixing by the petitioner (Kaustuk Dwivedi) in both the Aadhaar Numbers, petitioner Aadhaar is got cancelled. And as a consequence when on 01/05/2025 petitioner younger brother 'Kaushal Dwivedi' had tried to update his biometrics in his Aadhaar, due to the MBU (Mandatory Biometric Update) Cris - Cross Case Kaushal Dwivedi Aadhaar was also got suspended. 5. That as per the analysis report received from the UIDAI Tech Centre, in Kaustuk and Kaushal Dwevidi's case, it has been recommended by them, that firstly the cancellation process of Kaushal Dwivedi Aadhaar needs to be done, and after the cancellation of Kaushal Dwivedi's Aadhaar, both petitioner and his brother can go for the Aadhaar Re- Enrolment." 3. Learned counsel for the petitioner states that the petitioner has applied afresh on 13.04.2025 and the said request has been duly registered with enrollment no. 0013/32002/09519 4. In view of the above, it is hereby directed that fresh application filed by the petitioner dated 13.04.2025 be processed expeditiously in accordance with law, subject to the petitioner completing necessary formalities. 5. The writ petition stands disposed of. September 15, 2025 A. Mandhani WRIC No. 30962 of 2025 2 (Arun Kumar,J.) (Manoj Kumar Gupta,J.) Digitally signed by :- ABHISHEK MANDHANI High Court of Judicature at Allahabad