Allahabad High Court
Nirmala Gupta And Another vs Union Of India And 4 Others on 17 December, 2020
Bench: Munishwar Nath Bhandari, Saurabh Shyam Shamshery
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 29 Case :- WRIT - C No. - 18378 of 2020 Petitioner :- Nirmala Gupta And Another Respondent :- Union Of India And 4 Others Counsel for Petitioner :- Rajesh Kumar Tripathi Counsel for Respondent :- A.S.G.I.,Ankur Goyal Hon'ble Munishwar Nath Bhandari,J.
Hon'ble Saurabh Shyam Shamshery,J.
Order on Civil Misc. Exemption Application No.2 of 2020.
Exemption application is allowed.
Petitioners are exempted from filing the photo affidavit, stamps and vakalatma due to lockdown.
Order on the writ petition.
This writ petition has been filed to seek a direction upon the respondents to issue duplicate certificate of Kisan Vikas Patra (hereinafter referred to as "Patra"). Duplicate Patra has been sought alleging that the original patras have been stolen.
Perusal of the F.I.R. shows it to be against the petitioner's own son who is otherwise a joint holder of the patra.
The facts of the case show a dispute between the mother and son. The second petitioner had preferred a separate writ petition and the same has been rendered infructuous today itself, due settlement of dispute with other son having the same controversy, the dispute with the son involved in this case could also be settled.
It is not a case where patras are not available, rather it is lying with the son. Thus, it cannot be said to be a case where direction for issuance of duplicate Patra can be given. The F.I.R. would take its course. Thus, the nature of direction sought cannot be given.
The writ petition otherwise suffers from non-joinder of necessary parties because son has not been impleaded as party respondent despite being joint holder of the Patra and serious allegations against him exist.
The writ petition is dismissed in view of the above. However, it would not preclude the petitioners to settle the dispute with their son as has been done by the petitioner no.2.
Order Date :- 17.12.2020-SB