Karnataka High Court
Manjula W/O Mahesh Kattimani vs The Psi And Ors on 22 October, 2024
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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NC: 2024:KHC-K:7911
WP No. 202782 of 2022
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 22ND DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO.202782/2022(GM-RES)
BETWEEN:
MANJULA W/O. MAHESH KATTIMANI
AGED ABOUT 40 YEARS,
OCC. HOUSE HOLD
R/O JAIBHIM NAGAR
NEAR BUS DEPO, SINDAGI
TQ. SINDAGI
DIST. VIJAYAPURA
...PETITIONER
(BY SRI G.G. CHAGASHETTI, ADVOCATE)
AND:
Digitally signed
by SUMITRA
SHERIGAR 1. THE PSI, SINDAGI POLICE STATION,
Location: HIGH SINDAGI 586 101.
COURT OF
KARNATAKA
2. THE DEPUTY DIRECTOR
OF MINISTRY OF ELECTRONICS &
INFORMATION TECHNOLOGY (MEITY),
UNIQUE IDENTIFICATION
AUTHORITY OF INDIA (UIDAI)
3RD FLOOR, SOUTH WING,
KHANIJA BHAVAN, NO.49
RACE COURSE ROAD,
BENGALURU 560 001
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NC: 2024:KHC-K:7911
WP No. 202782 of 2022
3. LAXMIBAI D/O. SHANKREPPA
CLAIMING HERSELF AS LAXMI
W/O SHARANAPPA GORAVAGUNDAGI
AGED ABOUT 40 YEARS,
OCC. HOUSE HOD
R/O. NEAR AMBEDKAR HIGH SCHOOL,
SOMAPUR ROAD, KALYAN NAGAR,
SINDAGI, TQ. SINDAGI
DIST. VIJAYAPUR 586101
...RESPONDENTS
(BY SRI G.B. YADAV, HCGP, FOR R1;
SRI SUDHIRSINGH R. VIJAPUR, DSGJ, FOR R2;
R3-SERVED;)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
ISSUE A WRIT OF CERTIORARI AND TO QUASH THE ORDER
DATED 10.05.2022 PASSED BY THE 2ND RESPONDENT IN
F.NO.R-11011/300/2019-20/ROB/PS/VOL-16/2229 PRODUCED
AT ANNEXURE-J, AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:
CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
ORAL ORDER
(PER: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR) This petition is directed against the impugned order at Annexure-J dated 10.05.2022 passed by the 2nd respondent - Unique Identification Authority of India (UIDAI), whereby, the request of the petitioner to provide -3- NC: 2024:KHC-K:7911 WP No. 202782 of 2022 Aadhar details in respect of Aadhar No.3849-0124-0235 was rejected.
2. A perusal of the material on record will indicate that the petitioner is sister of one Sharanappa Goravagundagi, who expired on 11.12.2019. According to her, the 3rd respondent herein Smt. Lakshmibai D/o. Shankreppa falsely claiming to be the wife of the aforesaid late Sharanappa Goravagundagi obtained the aforesaid Aadhar Card with the aforesaid Aadhar number. Under these circumstances, the petitioner being the sister of the late Sharanappa Goravagundagi submitted an application dated 04.04.2022 requesting for Aadhar details of the Aadhar Card of respondent No.3. The said request was rejected by the 2nd respondent by passing impugned order on the sole ground that disclosure of information is permissible only by an order of the Court not less than the rank of this Court and only after hearing and providing sufficient and reasonable opportunity to both, the 2nd respondent and 3rd respondent, whose details are sought -4- NC: 2024:KHC-K:7911 WP No. 202782 of 2022 for by the petitioner. Under these circumstances, the petitioner is before this Court by way of the present petition.
3. This Court directed issuance of notice to respondent Nos.2 and 3, who have been served with notice, but respondent No.3 has chosen to remain unrepresented and has not contested this petition. The 2nd respondent - UIDAI has filed statement of objections stating that he is ready to abide by the directions to be issued by this Court.
4. The aforesaid facts and circumstances would clearly indicate that it is the specific assertion of the petitioner, who is sister of the aforesaid Sharanappa Goravagundagi, that his only wife Lakshmibai (Kasturibai) had pre-deceased him and after the demise of aforesaid Lakshmibai @ Kasturibai, the said Sharanappa Goravagundagi did not marry again, much less get married to the 3rd respondent Lakshmibai. It is also contended by the petitioner that the aforesaid Lakshmibai -5- NC: 2024:KHC-K:7911 WP No. 202782 of 2022 @ Kasturibai whose name is shown in the Death Certificate at Annexure-A is completely different from the 3rd respondent, who is falsely claiming to be the wife of the deceased Sharanappa Goravagundagi. At any rate, in the light of the statement of objections filed on behalf of the 2nd respondent - UIDAI that it is ready to abide by the directions issued by this Court coupled with the fact that the 3rd respondent has been notified and has chosen not contest this proceedings, I deem it just and appropriate to set aside the impugned order at Annexure - J dated 10.05.2022 and direct the 2nd respondent to issue the Aadhar details/particularly in respect of Aadhar No.3849- 0124-0235 in favour of the petitioner within a period of 4 weeks from the date of receipt of a copy of this order.
5. Ordered accordingly.
Sd/-
(S.R.KRISHNA KUMAR) JUDGE SBS List No.: 1 Sl No.: 58