Smt. Parmeshwari Devi Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Smt. Parmeshwari Devi Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Petition disposed of finally with direction to respondent no. 2/Sub Divisional Magistrate, Tamkuhi, District Kushinagar to pass appropriate order in the pending appeal strictly in accordance with law after providing opportunity of hearing to all parties concerned, most expeditiously and preferably within three months from presentation of certified copy of the order.

Issue for consideration

Whether respondent no. 2 should be directed to decide the appeal filed under section 6A of U.P. Panchayati Raj (Maintenance of Family Register) Rule 1970 dated 05.07.2025, which remains undecided despite registration and issue of notices.

Court's answer

In view of the facts and circumstances of the case, the present petition is disposed of finally, with a direction to respondent no. 2.

Ratio / Principle

Respondent no. 2/Sub Divisional Magistrate, Tamkuhi, District Kushinagar is directed to pass appropriate order in the matter strictly in accordance with law after providing opportunity of hearing to all the parties concerned.

Key takeaways

The order is to be passed most expeditiously and preferably within a period of three months from the date of presentation of a certified copy of the order before him.ratio¶12

Detailed headnote1 paragraphs

WRIT - C No. 30347 of 2025, High Court of Judicature at Allahabad, Court No. 33; Prakash Padia, J.; decided September 10, 2025. Petitioner Smt. Parmeshwari Devi sought a direction to respondent no. 2 to decide an appeal filed under section 6A of U.P. Panchayati Raj (Maintenance of Family Register) Rule 1970 on 05.07.2025, which had been duly registered with notices issued but remained undecided despite lapse of considerable time. Learned Standing Counsel undertook that respondent no. 2 would decide the appeal expeditiously. The Court disposed of the petition finally, directing respondent no. 2/Sub Divisional Magistrate, Tamkuhi, District Kushinagar to pass appropriate orders strictly in accordance with law after affording opportunity of hearing to all parties concerned, most expeditiously and preferably within three months from presentation of a certified copy of the order.

HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 30347 of 2025

Versus Smt. Parmeshwari Devi	.....Petitioner(s)
State of U.P. and Another	.....Respondent(s)
Counsel for Petitioner(s)	: A.P. Singh
Counsel for Respondent(s)	: C.S.C.

Court No. - 33

HON'BLE PRAKASH PADIA, J.

Heard Sri Sanskar Gaur, Advocate holding brief of Sri A.P. Singh, learned counsel for the petitioner, learned Standing Counsel appearing on behalf of respondents and perused the record.

The petitioner has preferred the present petition inter alia with the prayer to to direct the respondent no. 2 to decide the appeal filed under section 6A of U.P. Panchayati Raj (Maintenance of Family Register) Rule 1970 dated 05.07.2025.

It is argued an appeal was filed by the petitioner alongwith one Sri Sanjay before the respondent no. 2 in terms of provisions contained under Rule 1970 on 05.07.2025 which was duly registered and notices were issued to the opposite parties in the said case on the same day. It is further argued that though considerable time has already been lapsed but till date no decision has been taken in the matter.

On the other hand it is argued by the learned Standing Counsel that the respondent no.2 will decide the same, expeditiously.

In view of the facts and circumstances of the case, the present petition is disposed of finally directing the respondent

WRIC No. 30347 of 2025

2

no. 2/Sub Divisional Magistrate, Tamkuhi, District Kushinagar to pass appropriate order in the matter strictly in accordance with law after providing opportunity of hearing to all the parties concerned most expeditiously and preferably within a period of three months from the date of presentation of certified copy of this order before him.

September 10, 2025 Arti

(Prakash Padia,J.)

Digitally signed by :- ARTI SHARMA High Court of Judicature at Allahabad