WPMS/374/2022 of RAM RATAN SINGH NEGI Vs STATE OF UTTARAKHAND

Court: Uttarakhand High Court
Decision date: 2022-07-11
Case number: 374 of 2022

Parties

WPMS/374/2022 of RAM RATAN SINGH NEGI (PETITIONER)
STATE OF UTTARAKHAND (RESPONDENT)

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|**SL.** **No**|**Date**|**Office Notes,** **reports, orders or** **proceedings or** **directions and** **Registrar’s order** **with Signatures**||**COURT’S OR JUDGES’S ORDERS**|
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|||||WPMS No. 374 of 2022 **Hon’ble Man oj Ku m ar Tiw ar i, J.** Mr. Shailendra Nauriyal, Advocate for the petitioners. Mr. Suyash Pant, Standing Counsel for the State. Mr. Shobhit Joshi, Advocate holding brief of Mr. Ashish Joshi, Advocate for respondent no.2. According to the petitioners, their father is of unsound mind and taking advantage of this fact, younger brother of the petitioners, with whom their father is residing these days, is withdrawing money from his pension account and he has also got gift deed executed from father of the petitioners. By means of this writ petition, petitioners have sought following reliefs: - _“(i) To issue writ, order or direction in the_ _nature of mandamus directing the respondent no.1 to_ _decide the representation dated 28.01.2022 within_ _stipulated time of three weeks and restrain the_ _respondent no.3 from withdrawing the money from the_ _bank_ _account_ _no.10337885339_ _SBI_ _ADB_ _Branch_ _Roorkee, District Haridwar and handover the portion of_ _shop to petitioner no.1 as stated in the will._ _(ii) To issue any other relief, which this Hon’ble_ _Court may deem fit and proper in the circumstances of_ _the case be passed in favour of the petitioner._ _(iii) Cost of the petition be awarded in favour of_ _the petitioners.”_ Whether petitioners’ father is of unsound mind is question of fact which|

||||has to be pleaded and established before competent court of law. Learned counsel for the petitioners submits that District Magistrate be directed to take decision on representations of the petitioners. However, this Court is of the view that District Magistrate is not competent to take decision in such disputed questions, which may affect civil rights of a person. In such view of the matter, the relief as claimed in this writ petition cannot be granted. However, petitioners shall be at liberty to approach the appropriate forum available to them in law. **( Man oj Ku m ar Tiw ar i, J.)** 03.03.2022 Ravi|
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