Allahabad High Court
Smt. Meera Devi vs State Of U.P. And 2 Others on 18 August, 2022
Author: Sangeeta Chandra
Bench: Sangeeta Chandra
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 40 Case :- WRIT - C No. - 23411 of 2022 Petitioner :- Smt. Meera Devi Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Subhasis Halder Counsel for Respondent :- CSC Hon'ble Mrs. Sangeeta Chandra,J.
Hon'ble Gajendra Kumar,J.
(1) List has been revised.
(2) None has appeared on behalf of the petitioner to press this petition.
(3) Learned Standing Counsel is present for the respondents.
(4) This petition has been filed by the petitioner for the following main prayer:-
"(a) Issue a writ, order or direction in the nature of Mandamus directing the District Magistrate, Kanpur Nagar (Respondent no.2), so that the address shown in relation to the petitioner's son Vikas in the Family Membership Certificate No.2932 issued by Sub-Divisional Magistrate, Sadar, Kanpur Nagar (Respondent no.3) on 06.06.2016 can be verified and if the evidence presented by the Sub-Divisional Magistrate, Sadar, Kanpur Nagar regarding the address is found to be false, the said Family Membership Certificate should be cancelled and declared void.
(b) Issue a writ order or direction in the nature of Mandamus commanding and directing to respondent no.3 to decide the application dated 07.06.2022 (Annexure No.9 to the writ petition) which is still pending before the Respondent no.3."
(3) From a perusal of the pleadings on record, this Court finds that the petitioner's son Vikas lived with his parents till his death and that he had only one House as mentioned by the petitioner i.e. House No.25/28 M.I.G., K.D.A. Colony, Rampuram Daheli, Sujanpur, Shyam Nagar, Kanpur Nagar-208013 and this address was mentioned in the Aadhar Card, Voter I.D. Card, Driving License, PAN card and a letter issued by the Department to him for going on training and also in the Service book and his Bank Accounts. In his death Certificate and Omission Certificate however, the Sub Divisional Magistrate, Sadar, Kanpur Nagar issued a Family Membership Certificate showing incorrect address of Vikas who had died due to an unfortunate incident. The petitioner has tried to approach the office of the SDM, Sadar, Kanpur Nagar several times for correction of the address of Late Vikas but no action has been taken. The petitioner has also made an application on 07.06.2022 for correction of address which is addressed to the District Magistrate and the Sub Divisional Magistrate, Sadar, Kanpur Nagar.
(4) This petition is finally disposed of with a direction to the Opposite party no.2-District Magistrate, Kanpur Nagar, to seek comments from the office of the Sub Divisional Magistrate, Sadar, District Kanpur Nagar with regard to the contents of the application dated 07.06.2022 filed by the petitioner and pass appropriate reasoned and speaking orders within a period of eight weeks from the date a certified copy of this order is produced before him.
Order Date :- 18.8.2022 PAL