In this writ petition, the petitioner sought a mandate to register her late husband's marriage and record her twin children in panchayat registers. The court disposed of the petition without examining merits by granting the petitioner two weeks to submit a fresh representation to the Sub-Divisional Magistrate.
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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No.9596 of 2024 Decided on: 9th September, 2024 ------------------------------------------------------------------------------------- Niranjana …..Petitioner Versus
State of H.P. and others
.....Respondents
------------------------------------------------------------------------------------Coram
Ms. Justice Jyotsna Rewal Dua
Whether approved for reporting?1
For the Petitioner: Ms. Pooja Thakur, Advocate vice Mr. Ravinder Singh Chandel, Advocate. For the Respondents: Mr. L.N. Sharma, Additional Advocate General with Mr. Sanjay Dutt Vasudeva, Deputy Advocate General. -----------------------------------------------------------------------------------Jyotsna Rewal Dua, Judge
Notice. Mr. L.N. Sharma, learned Additional
Advocate General, appears and waives service of notice on behalf of the respondents.
2. With the consent of learned counsel for the parties, the matter is heard at this stage.
3. The projected case of the petitioner is that she had solemnized marriage with one Sh. Suresh on 30.03.2011. Twin children were born to the couple on 15.02.2012. Petitioner’s husband-Sh. Suresh unfortunately
died on 14.07.2022. Petitioner thereafter visited the
1 Whether reporters of print and electronic media may be allowed to see the order? Yes.
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concerned panchayat of her husband, i.e. Gram Panchayat Tyali, Tehsil Theog, District Shimla and came to know that her name and that of her children were not entered in the relevant record, i.e. in the marriage and family register. She thereafter requested the concerned Pradhan and Secretary to incorporate their names in the panchayat records, however, the needful was not done. The petitioner also preferred representations dated 27.10.2022 (Annexure P-3) to the Registrar, District Shimla and dated 29.12.2022 (Annexure P-4) to the Sub-Divisional Magistrate, Theog, District Shimla, however, no concrete action thereupon had been taken by the concerned authorities. Feeling aggrieved, she has instituted this writ petition seeking following substantive reliefs:-
4. At this stage, learned counsel for the petitioner submitted that the petitioner would be satisfied in case she is permitted to make a fresh representation to the SubDivisional Magistrate, Theog, District Shimla-respondent No.3 within a period of two weeks, whereafter, the said
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authority be directed to consider and decide the same in accordance with law and applicable instructions within a time bound schedule. Learned Additional Advocate General has no objection to this prayer.
5. Taking into consideration the aforesaid
submissions of learned counsel for the parties and without examining the merits of the matter, this writ petition is disposed of by permitting the petitioner to make a fresh representation to respondent No.3 within two weeks from today, which shall be considered and decided by respondent No.3/competent authority in accordance with law and applicable instructions, within a period of four weeks thereafter. The decision so arrived at shall also be communicated to the petitioner.
The writ petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any.
Jyotsna Rewal Dua Judge
September 09, 2024 Mukesh
Niranjana
State of H.P.
Jyotsna Rewal Dua
As recorded by the court registry
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