Disposed¶23

Krishanaansh Kumar and Ors. v. Govt of NCT of Delhi and Anr.

Delhi HC1 Sept 2025W.P.(C)/14856/2024

Case brief

AI extract

What is this about?

Surviving Member Certificate; SMC; legal heirs; Late Sh. Krishan Kumar; Yogesh Chandra Sharma; Application No. 90660000242688 dated 15.07.2024; order dated 05.08.2024; parents' details of deceased; respondent no.2 father expired during pendency; respondents' concession; issuance within four weeks; Govt of NCT of Delhi; Krishanaansh Kumar and Ors v. Govt of NCT of Delhi and Anr; W.P.(C) 14856/2024; CM APPL.62395/2024 (Exemption); Justice Sachin Datta; Delhi High Court; disposed 01.09.2025.

What did the court decide?

Issuance of the Surviving Member Certificate in favour of the petitioners as legal heirs of Late Sh. Krishan Kumar pursuant to SMC Application No. 90660000242688 dated 15.07.2024, to be done as expeditiously as possible and preferably within four weeks. ¶23

Krishanaansh Kumar and Ors. Vs Govt of NCT of Delhi and Anr. — Delhi HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶23

Issue for consideration

Whether the respondents should be directed to allow SMC Application No. 90660000242688 and issue the Surviving Member Certificate in the petitioners' names as legal heirs of Late Sh. Krishan Kumar, notwithstanding the respondents' insistence on including respondent no.2 (father of the deceased) in the list of surviving members. +1 more

¶17

Ratio / Principle

In light of the death of the father of the deceased (respondent no.2) during the pendency of the petition and the respondents' concession that there was no impediment, the Court directed that the Surviving Member Certificate sought vide the SMC application be issued as expeditiously as possible, and preferably within a period of four weeks.

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Key takeaways

Accordingly, the writ petition was disposed of in the above terms, i.e., with the direction that the requested Surviving Member Certificate be issued to the petitioners.ratio¶23

Detailed headnote1 paragraphs

Delhi High Court (W.P.(C) 14856/2024, decided 01.09.2025, Justice Sachin Datta): Petitioners sought issuance of a Surviving Member Certificate (SMC) as legal heirs of Late Sh. Krishan Kumar S/o Sh. Yogesh Chandra Sharma (Application No. 90660000242688 dated 15.07.2024) and setting aside of respondent no.1's order dated 05.08.2024, which rested on the petitioner's omission of the parents' details of the deceased, with respondents insisting on inclusion of respondent no.2 (the deceased's father). As the father expired during the pendency of the petition, learned counsel for the respondents conceded there was no impediment to issuing the certificate; the Court accordingly directed that the SMC be issued as expeditiously as possible, preferably within four weeks, and disposed of the petition in those terms. No statute or precedent was cited.

¶1

$~14

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(C) 14856/2024

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KRISHANAANSH KUMAR AND ORS .....Petitioners

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Through: Mr. Amitabh Chaturvedi, Mr. Aman Kumar Thakur, Advs.

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versus

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GOVT OF NCT OF DELHI AND ANR .....Respondents Through: Mr. Sameer Vashisht (SC) along with Ms. Vaishali Gupta (PC) and Mr. Vikas Khatri (Tehsildar, Kotwali)

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CORAM:

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HON'BLE MR. JUSTICE SACHIN DATTA

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O R D E R

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% 01.09.2025

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CM APPL.62395/2024 (Exemption)

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Allowed, subject to all just exceptions.

¶14

The application stands disposed of.

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W.P.(C) 14856/2024

¶16

The petitioners filed the present petition pertaining to Application No. 90660000242688, dated 15.07.2024, for issuance of Surviving Member Certificate (“SMC”) of the legal heirs of Late Sh. Krishan Kumar S/o Sh. Yogesh Chandra Sharma and setting aside the order dated 05.08.2024, passed by respondent no.1 in the SMC application.

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The petitioners seek a direction to the respondents to allow the aforesaid application and issue the Surviving Member Certificate in their names, as legal heirs of Late Sh. Krishan Kumar.

¶18

The grievance of the petitioners is that the respondents have been insisting on the inclusion of respondent no.2 [i.e. the father of Late Sh. Krishan Kumar] in the list of surviving members in the SMC application. It

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/09/2025 at 12:16:27

¶21

is submitted that the impugned order is untenable, having been passed on the specious and unsustainable ground that the petitioner had not mentioned the details of the parents of deceased persons, for the purpose of issuance of Surviving Member Certificate.

¶22

During the course of hearing, it was brought to the notice of the Court that the father of the deceased has also expired during the pendency of the present petition. In the circumstances, it is conceded by the learned counsel for the respondents that there is no impediment in issuing the requiste Surviving Member Certificate as sought vide the aforesaid SMC application. Let the same be done as expeditiously as possible, and preferably within a period of four weeks from today.

¶23

The petition is disposed of in the above terms.

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SACHIN DATTA, J

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SEPTEMBER 1, 2025/uk

¶26

This is a digitally signed order.

¶27

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/09/2025 at 12:16:27

Krishanaansh Kumar and Ors. v. Govt of NCT of Delhi and Anr.

Case brief

What is this about?

What did the court decide?

Krishanaansh Kumar and Ors. v. Govt of NCT of Delhi and Anr.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

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