Uttarakhand High Court
8 November vs State Of Uttarakhand & Others on 18 November, 2025
2025:UHC:10214-DB
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
THE HON'BLE CHIEF JUSTICE MR. G. NARENDAR
AND
THE HON'BLE JUSTICE MR. SUBHASH UPADHYAY
Writ Petition (Criminal) No. 1474 of 2025
18 November, 2025
Neha Bhatt ---Petitioner
Versus
State of Uttarakhand & Others ---Respondents
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Presence:-
Mr. Dushyant Mainali, learned counsel for the petitioner
Mr. J.S. Virk, learned Deputy A.G. with Mr. Rakesh Kumar Joshi, learned
Brief Holder for the State
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JUDGMENT :
(per Sri Subhash Upadhyay, J.)
1. Heard the learned counsel for the petitioner
Shri Dushyant Mainali and the learned Deputy Advocate
General Shri J.S. Virk.
2. Petitioner has filed the present writ petition for
the following reliefs:-
"i) Issue a writ, order or direction in the nature of
mandamus directing and commanding the District
Magistrate, Nainital/respondent no.3 and the District
Social Welfare Officer, Nainital-respondent no.5 to
forthwith decide the application of the petitioner for
appointment of limited guardianship in favour of Mrs.
Manisha Choudhary independently upon the merits
without being influenced by the opinions and prejudices
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of the petitioner's father and brothers.
ii) Issue a writ, order or direction in the nature of
mandamus directing and commanding the District
Magistrate, Nainital-respondent no.3 and the Senior
Superintendent of Police, Nainital-respondent no.4 to
ensure that the petitioner's rights under law are
protected."
3. Learned counsel for the petitioner submits that
the petitioner is suffering from multiple disabilities and as
per the disability certificate issued by the Medical
Authorities the petitioner is having 100% permanent
hearing and speech disability, because of which the
petitioner needs to take assistance of a sign language
interpreter for communication.
4. He further submits that, when the petitioner
was minor, father of the petitioner had sworn an affidavit
of authority for petitioner's care and had given
permission to the caregiver of the petitioner, namely, Ms.
Satrupa Kagel D/o Murray Kagel, R/o 421 Geronima
Lane, Taos, New Mexico, USA; that with the help of
caregiver Ms. Satrupa Kagel the petitioner got admission
in several schools for the Deaf and she completed her
education up to 7th standard from Abhilasha Vidyalaya,
Udaipur.
2025:UHC:10214-DB
5. Learned counsel for the petitioner further
submits that, due to her ill health and status as a foreign
national, Ms. Satrupa Kagel had given her consent for
the care of the petitioner to be entrusted to Mrs. Manisha
Choudhary W/o Sri Mangli Prasad, R/o Ganesh Nagar
Colony, Ward No.19, Itarasi, M.P.; that the daughter of
Mrs. Manisha Choudhary is also a disabled child and has
completed education up to 7th standard from the same
Institute from where the petitioner got education; that,
the petitioner being major had submitted an application
u/s 14 of the Rights of Persons with Disabilities Act, 2016
before the District Magistrate, Nainital for appointment of
limited guardianship in favour of Mrs. Manisha
Choudhary, which was forwarded to the District Social
Welfare Officer, Nainital, however, no decision has been
taken on the same till date.
6. The petitioner Km. Neha Bhatt, Ms. Satrupa
Kagel and Mrs. Manisha Choudhary are present virtually.
Mr. Digvijay Sharma, Interpreter appointed by Ms.
Satrupa Kagel is also present virtually. Respondent no.7
Kailash Chandra Bhatt is present in person before the
Court with his son Mr. Sanjay Bhatt.
7. We have interacted with respondent no.7-
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father and brother of the petitioner, who submits that
they have no objection if limited guardianship of the
petitioner is given to Mrs. Manisha Choudhary. We have
also interacted with Mrs. Manisha Choudhary, who
confirmed her willingness to accept the limited
guardianship of the petitioner.
8. In view of the above, writ petition is disposed
of directing the District Magistrate, Nainital to consider
and decide the application made by the petitioner for
limited guardianship in favour of Mrs. Manish Choudhary,
within a period of one week from today.
9. We also direct the District Social Welfare
Officer, Nainital to consider the case of the petitioner for
grant of benefit of various schemes framed by the State
Government for persons with disabilities.
10. It is also submitted by the learned counsel for
the petitioner that the petitioner had been receiving a
disability pension when she was minor, but after attaining
majority, the pension has been discontinued. Thus, the
petitioner has also submitted an online application before
the District Social Welfare Department for restoration of
the pension; however, the same is also pending
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consideration.
11. In that view, the District Social Welfare Officer,
Nainital is directed to look into the application of the
petitioner for grant of disability pension and to decide the
same within a period of two weeks.
12. Writ petition stands ordered, accordingly.
13. There shall be no order as to costs.
14. Pending applications, if any, also stand
disposed of accordingly.
(G. NARENDAR, C. J.)
(SUBHASH UPADHYAY, J.)
Dated: 18.11.2025
R/SS
RAJINI
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GUSAIN
, postalCode=263001, st=UTTARAKHAND,
serialNumber=8D039BC77BD1A2222B4DF4
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Date: 2025.11.19 11:27:50 +05'30'
