Uttarakhand High Court
23 September vs State Of Uttarakhand on 23 September, 2024
Author: Pankaj Purohit
Bench: Pankaj Purohit
2024:UHC:6956
HIGH COURT OF UTTARAKHAND AT NAINITAL
Writ Petition Misc. Single No. 2452 of 2024
23 September, 2024
Ayyub Hassan
--Petitioner
Versus
State Of Uttarakhand
--Respondent
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Presence:-
Mr. Rishab Ranghar, Advocate for the petitioner.
Mr. Yogesh Ch. Tiwari with Mr. Devendra Pant, learned S.C. for the
State.
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Hon'ble Pankaj Purohit, J.
Heard.
2. Petitioner wants to be legally declared the
guardian of his brother (Mr. Amjad) and sister (Ms.
Raheesa) who are children of their parents (late Mohd.
Idris and late Akhtari Begum).
3. The reason for seeking guardianship is that
Mr. Amjad and Ms. Raheesa are the real brother and
sister of petitioner who are suffering from 'severe
intellectual disability' and certificate to that effect has
been annexed as Annexure No.4 to the petition whereby
it is depicted that both Mr. Amjad and Ms. Raheesa are
disabled to the extent of 90%.
4. Petitioner, for seeking guardianship, even filed
a case under Section 7 of the Guardians and Wards Act,
1890 before the Family Court, Vikas Nagar (Dehradun).
The said case was registered as Case No.25 of 2023
2024:UHC:6956
(Ayub Hasan v. General Public). By reason of judgment
dated 19.10.2023 (Annexure no.6), the said case was
dismissed. It is observed in the said judgment dated
19.10.2023 that the matter of guardianship of such
persons of mental disability or intellectual disorder is
covered under 'National Trust for Welfare of Persons
with Autism, Cerebral Palsy, Mental Retardation and
Multiple Disabilities Act, 1999' (hereinafter referred to as
the Act of 1999). Accordingly, it was observed that
instead of approaching the Family Court, petitioner
should have moved the competent authority i.e. District
Collector as prescribed u/s 14 of the Act of 1999.
5. The petitioner moved an application to the
District Magistrate, Vikas Nagar but there is no such
post available in Vikas Nagar, rather the correct office to
which the application should have been moved was
District Magistrate, Dehradun. Accordingly, the
petitioner has purportedly submitted application before
the wrong forum.
6. Keeping in mind the facts of the case, this
Court permits the petitioner to move a fresh application
before the competent authority i.e. District Collector,
Dehradun u/s 14 of the aforesaid Act of 1999 within a
period one week from today. If any such application is
moved within the stipulated time i.e. latest by
30.09.2024, the said application would be decided by
the competent authority under the aforesaid Act within
three months from the date of its receipt as per the
procedure given under the Act of 1999 (Supra).
7. Petition as well as all pending applications
stand disposed of accordingly.
(Pankaj Purohit, J.)
23.09.2024
2024:UHC:6956
R.Dang
