Himachal Pradesh High Court
Sushma Devi vs State Of Hp And Others on 19 September, 2018
Bench: Sanjay Karol, Sandeep Sharma
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No. 1363 of 2017 .
Decided on: September 19, 2018
--------------------------------------------------------------------------- Sushma Devi ................Petitioner Versus State of HP and others ....Respondents
--------------------------------------------------------------------------- Coram Hon'ble Mr. Justice Sanjay Karol, Acting Chief Justice Hon'ble Mr. Justice Sandeep Sharma, Judge Whether approved for reporting?
--------------------------------------------------------------------------- For the petitioner r : Mr. Ajay Sharma, Advocate. For the respondents : Mr. Ashok Sharma, AG with Mr. Ajay Vaidya, Sr. AAG, Mr. Adarsh Sharma, Ms. Ritta Goswami and Mr. Nand Lal Thakur, AAG's.
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Sandeep Sharma (J) Petitioner, by the medium of this petition, has mainly prayed for the following relief:
"(i) That impugned acts of the respondents above stated which amounts to execution inaction may be quashed and set aside with directions to the respondents to register the name of the petitioner in Parivar Register of the family of the petitioner and also add the name of petitioner in Ration Card of the family of the petitioner in the interest of law and justice."
2. Facts, as emerge from the record are that the petitioner is daughter of one Shri Ranvir Singh son of Shri Nar Bahadur, who was originally a native of Nepal. Petitioner
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1Whether the reporters of the local papers may be allowed to see the judgment? .
::: Downloaded on - 24/09/2018 22:57:42 :::HCHP 2was born at village Sonadhar, Tehsil Kumarsain, District Shimla, Himachal Pradesh and studied in Government .
Primary School Sonadhar, District Shimla, Himachal Pradesh, as is evident from the School Leaving Certificate dated 2.7.2012 (Annexure P-1) issued by Head Teacher, Government Primary School Sonadhar. Allegedly, petitioner, after marriage with Shri Sushil Kumar, moved an application before the Registrar of Marriages-cum-Sub Divisional Magistrate, Ghumarwin under Section 8(4) of HP Marriage Registration Act, 1996, as amended upto date, for registering her marriage (Annexure P-2). Perusal of annexure P-2 (collectively) suggests that aforesaid application was considered and prayer therein was allowed, whereby Registrar of Marriages was pleased to send the file to the Secretary, Gram Panchayat Taraun, with the direction to enter marriage of the petitioner in the Panchayat record.
Copy of marriage certificate is Annexure P-3.
3. Allegedly, petitioner had filed applications before the Secretary, Gram Panchayat as well as Block Development Officer, praying therein to enter her name in the Parivar Register as well as Ration Card, but since no action was taken by the authorities concerned, petitioner was compelled to approach this Court, in the instant proceedings, seeking therein relief as reproduced herein above.
::: Downloaded on - 24/09/2018 22:57:42 :::HCHP 34. Respondents, by way of reply, refuted the averments contained in the writ petition and claimed that though no .
specific application was ever filed by the petitioner before the Secretary, Gram Panchayat, Taraun, Tehsil Ghumarwin, District Bilaspur, however, in a casual meeting, petitioner had requested the Secretary, Gram Panchayat to enter her name as wife of Sushil Kumar, in the ration card and Parivar Register, whereupon, aforesaid Secretary, Gram Panchayat, had asked petitioner to produce a certificate qua deletion of her name in the concerned Panchayat. It has been specifically stated in para-6 of the reply that though petitioner had approached the Block Development Officer, Ghumarwin, but she had not filed any application before him or before the Deputy Commissioner, as such, no action, if any, could be taken with regard to entering name of petitioner in the Parivar register and Ration Card.
5. Having carefully perused the reply having been filed by the respondents, this Court finds that there is no express objection on the part of respondents to enter the name of the petitioner in the Parivar Register and Ration Card, provided that the petitioner moves an appropriate application alongwith certificate qua deletion of her name from the previous Gram Panchayat.
::: Downloaded on - 24/09/2018 22:57:42 :::HCHP 46. In view of the above, present petition is disposed of with a direction to the petitioner to move an application to the .
authority concerned, alongwith relevant documents including certificate as aforesaid, within a period of two weeks, from today, whereafter respondents/competent authority shall consider and decide the same within two weeks thereafter, in accordance with law, by affording opportunity of hearing to all concerned. Liberty is reserved to the petitioner to place additional material on record.
7. Needless to add, if the order is not in favour of the petitioner, the authority shall assign reasons while deciding the same, which shall be communicated to the petitioner.
Liberty is reserved to the petitioner to approach the Court, if need so arises subsequently.
8. It is clarified that we have not expressed any opinion on the merit of the case.
9. With the aforesaid observations, present petition stands disposed of, so also pending applications, if any.
(Sanjay Karol) Acting Chief Justice (Sandeep Sharma) Judge September 19, 2018 (vikrant) ::: Downloaded on - 24/09/2018 22:57:42 :::HCHP