IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA th ON THE 24 DAY OF AUGUST, 2022 BEFORE HON’BLE MS. JUSTICE SABINA, &

HON’BLE MR. JUSTICE SUSHIL KUK REJA CIVIL WRIT PETITION NO.5177 of 2022 Between:-

SUNITA DEVI, WIFE OF SH. JIA LAL (PRESENTLY)

RESIDENT OF VILLAGE BAHLI, TEHSIL KUMARSAIN, DISTRICT SHIMLA-172030 (H.P.). ….PETITIONER (MR. VIPINDER ROACH, ADVOCATE)

AND

1. STATE OF H.P. THROUGH SECRETARY REVENUE TO THE GOVERNMENT OF HIMACHAL PRADESH, SHIMLA.

2. SECRETARY PANCHAYAT TO THE GOVERNMENT OF HIMACHAL PRADESH, SHIMLA. 3. SECRETARY PANCHAYAT KRANGLA, GPO KRANGLA, TEHSIL NAJKHERI, GOVERNMENT OF HIMACHAL PRADESH, SHIMLA.

4. JIA LAL, SON OF LATE SH. DHANI RAM, RESIDENT OF VILLAGE DHARAN, POST OFFICE KRANGLA, TEHSIL NANKHARI, DISTRICT SHIMLA (H.P.).

5. SUBHADRA DEVI, WIFE OF JIA LAL, RESIDENT OF VILLAGE DHARAN, POST OFFICE KRANGLA, TEHSIL NANKHARI, DISTRICT SHIMLA (H.P.).

(BY MR. ANIL JASWAL, ADDITIONAL ADVOCATE GENERAL)

______________________________________________________

This Writ Petition coming on for admission this day, Hon’ble Ms. Justice Sabina, passed the following:

O R D E R

Petitioner has filed the petition under Article 226 of the Constitution of India, seeking the following relief(s):

“A) That the name of the respondent No.5 be struck off/erased from Record of Rights as Cwife of respondent No.4 by directing respondent No.1 to do the needful as the same be declared illegal, null and void, further keeping in view the rights of the petitioner and her son due to such illegal i entry in the Shajra and Record of Rights.

B) That the respondent No.2 alongwith respondent No.4 be saddled with exemplary cost of Rupees one lakh for not conducting proper inquiry before making such incomplete entry in the Parivar Register inspite of notice dated 28.07.2021 and further by not correcting the said illegal entry made by respondent No.4. The predecessors in interest of respondent No.3 have not adopted due process of law before making such entry in the Parivar Register.

C) That the concerned authorities Pi.e.

respondent No.2 & No.3 alongwith respondent No.4 be questioned and held responsible for carrying out this process of making incomplete and ille gal entries in the Electoral Roll and Parivar Register against the provision of law with the entries qua Annexure P-5 and the same be struck off, as no date orf birth of two illegitimate children haveu been entered in the Parivar Register.”

2. oAfter hearing learned counsel for the petitioCner, we are of the opinion that the instant petition deserves dismissal.

3. The present case involves disputed questions of fact. It is the case of the petitioner that she got married th H with respondent No.4 on 7 October, 1978. Petitioner had filed a criminal complaint against respondent No.4 under Sections 494 & 109 of Indian Penal Code, but the same was dismissed vide order dated 10.01.1984 (Annexure P- 1). It is also the case of the petitioner that she was residing separately from respondent No.4 for the last 35 years. Petitioner alongwith her son is residing at village Bahli. Son of the petitioner had got married in the year

2021. Petitioner had filed a civil suit for maintenance. in the year 2005 and in the said case, respondent No.4 was directed to pay maintenance to the petitHioner to the tune of Rs.2,000/- per month.

4. In the facts and circumstances of the case, no ground for interference while exercising the extra ordinary jurisdiction by this Court under Article 226 of the Constitution of Inudia, is made out. However, the petitioner would be oat liberty to avail other appropriate remedy availaCble to her, as per law.

5. Petition stands disposed of accordingly. Pending miscellaneous application(s), if any, shall also stand disposed of.

( Sabina )

Judge ( Sushil Kukreja )

August 24, 2022 Judge (Yashwant)