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1957 Supreme(All) 87

MEHROTRA
RAM PRASAD SETH – Appellant
Versus
STATE OF U. P – Respondent


Advocates Appeared:
A.P.GUPTA, A.P.Pandey, A.P.Singh Chauhan, Bhagwan Das Gupta BRIJLAL GUPTA, D.Sanyal

MEHROTRA, J.

( 1 ) THIS is a petition under Article 226 of the Constitution praying that the orders dated the 13th july, 1955 and 4th of November, 1955 be quashed and further for a writ of mandamus commanding the State of U. P. to dispose of the petitioners applications dated the 24th April, 1955 and 4th August, 1955 in accordance with the personal law as laid down in the Dharam shastras as the provisions of Sections 5, 9, 10 and 13 and other provisions of the Hindu Marriage act, 1955 are ultra vires of the Constitution particularly when they debar the petitioner to exercise hia fundamental rights guaranteed by the Constitution. The reliefs which I have quoted above on the face of it appear to be very widely worded but the direction or the orders which the petitioner really asks this Court to issue will be clear from the facts which have been set out in the affidavit filed along with this petition and are mentioned below.

( 2 ) THE petitioner passed the examination of the Civil Engineering from the Thomson College, roorkee in or about the year 1936 and is at present occupying the post of Sub-Divisional officer, Public Works Department, working at Karan-prayag in the district of Gar























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