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2026 DAILYLAW 10117 (UTT)

SHAILESH KALRA v. STATE OF UTTARAKHAND

WPMS/2255/2026 · 2026-08-04

Manoj Kumar Tiwari

body2026

Judgment text

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UKHC010130732026 2026:UHC:6822 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS/2255/2026 Shailesh Kalra and others --Petitioners Versus State Of Uttarakhand and others --Respondents Hon’ble Manoj Kumar Tiwari, J. Mr. Sudhir Kumar, Advocate for the petitioners through video conferencing. Mr. Suyas Pant, Standing Counsel for the State. Mr. Saurav Adhikari, Standing Counsel for the Union of India. 2. Mother of petitioner Nos. 1 and 2, Smt. Sudarshan Kalra, passed away on 07.09.2000. Petitioner No. 1 applied for survivorship certificate, which was granted by Sub Divisional Magistrate, Haridwar on 09.02.2022. The said survivorship certificate, however, was cancelled by the SDM concerned on 03.09.2025. Petitioner thereafter filed an appeal against cancellation order, which was dismissed by the District Magistrate vide order dated 26.06.2026. Thus feeling aggrieved, petitioners have approached this Court, challenging the UKHC010130732026 2026:UHC:6822 cancellation order and also the order passed by District Magistrate on the appeal. 3. Learned counsel for the petitioners submits that cancellation order was passed in arbitrary manner without affording any opportunity of hearing. 4. Learned State Counsel was given time to get instructions. On instructions, State Counsel submits that petitioners were three brothers and one sister, out of which two brothers had died; however, in the application for survivorship certificate, name of one brother, namely, Karunesh Kalra was not mentioned. 5. Learned counsel for the petitioners submits that since Karunesh Kalra died issueless in 2008 and he was not married, therefore there was no occasion for the petitioners to mention his name in the application. 6. Learned State Counsel however, submits that a complaint was received that petitioners have suppressed material information in their application and upon enquiry, the survivorship certificate was cancelled. Learned State Counsel submits UKHC010130732026 2026:UHC:6822 that if petitioners apply afresh for survivorship certificate, their request shall be considered and appropriate order shall be passed, as early as possible. 7. The writ petition is, accordingly, disposed of with liberty to petitioners to apply for survivorship certificate afresh. If they make application for that purpose within ten days from today, SDM concerned shall take decision thereupon as early as possible, preferably within six weeks from the date of receipt of such application. 8. It goes without saying that while considering petitioners’ application, SDM concerned will not be influenced by the cancellation order and the application shall be considered on merits. (Manoj Kumar Tiwari, J.) 04.08.2026 Mahinder