SPA/464/2021
2023 Latest Caselaw 2222 UK

      IN THE HIGH COURT OF UTTARAKHAND
                  AT NAINITAL

        THE HON'BLE THE CHIEF JUSTICE SRI VIPIN SANGHI
                                AND
             THE HON'BLE SRI JUSTICE RAKESH THAPLIYAL


                 SPECIAL APPEAL NO. 464 OF 2021

                            11TH AUGUST, 2023

Between:

Balwant Singh                               ......          Appellant

and

State of Uttarakhand and others             ......         Respondents


Counsel for the appellant        :   Mr. S.K. Mandal, learned counsel

Counsel for the respondents      :   Mr. S.S. Chaudhary, learned Brief
                                     Holder for the State / respondent
                                     Nos. 1 to 3

                                 :   Mr. Bhupendra Prasad, learned
                                     counsel for respondent No. 4



The Court made the following:

JUDGMENT: (per Hon'ble The Chief Justice Sri Vipin Sanghi)



             The appellant has assailed the order dated

06.10.2021, passed by the learned Single Judge, in Writ

Petition (M/S) No. 2108 of 2021, whereby the said writ

petition, preferred by the appellant, has been disposed of

by observing that it is open to the appellant / writ

petitioner to assert his right and claim, that he is the

successor of the deceased Moti Singh, in a civil proceeding.
                             2




2)        The appellant had preferred the writ petition,

firstly, to assail the survival certificate dated 18.06.2021,

issued in favour of respondent No. 4 Shakambhari Devi,

and, secondly, to seek a direction to the respondent

authorities to decide his representation.


3)        The submission of learned counsel for the

appellant is that no direction in relation to the appellant's

representation was issued by the learned Single Judge,

while disposing of the writ petition. The appellant does not

press any other aspect before us.


4)        We dispose of this appeal with a direction to

respondent No. 2 to decide appellant's representation by a

reasoned and speaking order, within eight weeks of service

of certified copy of this order upon respondent No. 2. The

decision shall be communicated to the appellant.         The

District Magistrate, Nainital, may call for information from

respondent No. 4, as well, before taking the decision.



                                       ________________
                                       VIPIN SANGHI, C.J.



                                    ________________
                                    RAKESH THAPLIYAL, J.

Dt: 11th AUGUST, 2023 Negi