Research › Search › Judgment

Allahabad High Court · body

2013 DIGILAW 408 (ALL)

Pawan Kumar Tyagi v. Union of India

2013-02-04

DILIP GUPTA, SHIVA KIRTI SINGH

body2013
JUDGMENT Heard learned counsel for the petitioner, learned Additional Solicitor General of India for the Union of India and learned counsel for the State. 2. This writ petition, by way of public interest litigation, has been filed to advocate the cause of female heirs under the Hindu Succession Act, 1956. It has been submitted that some sections, particularly sections 107 and 108 of the U.P. Revenue Code, 2006 ignore or run counter to the rights granted to female heirs under sections 6 and 8 of the Hindu Succession (Amendment) Act, 2005. 3. Learned counsel for the State has submitted that the U.P. Revenue Code, in order to be implemented, requires a notification fixing a date for its implementation in whole of Uttar Pradesh or part of it under Section 1 (3) of the U.P. Revenue Code, 2006 and as per instructions, no such notification fixing a particular date for implementation of the U.P. Revenue Code has yet been issued. 4. In view of the stand taken by the learned counsel for the State, the issue raised by the petitioner is rendered pre-mature and this Court would not be interested in deciding only an academic issue because the U.P. Revenue Code, reportedly, has not been implemented as yet. 5. In that view of the matter, this public interest litigation is disposed of but with a note of caution to the State of U.P. to examine the relevant provisions of Sections 107 and 108 of the U.P. Revenue Code, 2006 and if the submissions are found correct, then to take remedial action in due course of time.