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High Court of DelhiW.P.(C)/15433/2024

Nanho Devi v. Union Of India And ORS.

2024-11-06Hon'Ble Mr. Justice Girish Kathpalia2 pages

$~64 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 15433/2024 NANHO DEVI .....Petitioner Through:

Ms. Pooja Singh, Advocate versus UNION OF INDIA AND ORS.

.....Respondents Through:

Ms. Neha Rastogi, SPC with Mr.

Animesh Rastogi and Mr. Vaibhav Singh, Advocate for R1

CORAM:

HON'BLE MR. JUSTICE GIRISH KATHPALIA

O R D E R

% 06.11.2024 [Physical Hearing/Hybrid Hearing (as per request)] CM APPL. 64777/2024 (exemption) 1.

Allowed, subject to all just exceptions W.P.(C) 15433/2024 2.

Learned counsel for respondent no. 1 appearing on advance intimation accepts notice. As rightly submitted by both sides, there is no need to adjourn the matter further for issuance of notice keeping in mind the limited scope of the prayer clause.

3.

The petitioner has invoked writ jurisdiction of this Court, seeking directions to the respondents to process the death claim of her now deceased husband namely Shri Prem Singh by ignoring the hyper technical approach adopted by them. It is explained on behalf of petitioner that the said hyper technical approach was qua a discrepancy in the spelling of name of father The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/07/2025 at 22:40:35

of Shri Prem Singh. In that regard, the petitioner has already submitted affidavits with supporting documents confirming the name of father of Shri Prem Singh. Besides that, there is also an issue regarding date of birth of Shri Prem Singh and on that issue also, petitioner has submitted various documents.

4.

As rightly submitted by learned counsel for petitioner, the respondents cannot sleep over the issue and must decide the claim of the petitioner either way within reasonable time.

5.

The only relief sought by the petitioner is directions to the respondents to dispose of her claim petition. 6.

In view of above circumstances, the petition is allowed and the respondents are directed to decide the claim petition of the petitioner as expeditiously as possible, but positively within a period of eight weeks from receipt of copy of this order. It is learned counsel for petitioner who shall ensure to deliver a copy of this order to all the respondents within one week. 7.

It is made clear that I have not examined the merits of the claim and this order shall not be read as treating the objections of the respondents a hyper technical approach. It is further made clear that depending upon outcome of the claim petition, the petitioner would be at liberty to approach this Court afresh.

GIRISH KATHPALIA, J NOVEMBER 6, 2024/as Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/07/2025 at 22:40:35