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2016 DIGILAW 3511 (ALL)

Deepa Rani v. State of U. P.

2016-10-20

RAN VIJAI SINGH

body2016
JUDGMENT Ran Vijai Singh,J. Heard Sri D.S.Vishwakarma, learned counsel for the petitioner and learned Standing Counsel appearing for the State-respondents. 2. This writ petition has been filed with the prayer for issuing a writ of mandamus directing the respondents to furnish certified copy of the family register to the petitioner. After hearing the learned counsel for the parties this Court on 14.9.2016 has passed the following order: "Heard Sri S.P. Singh, along with Sri Daya Shankar Vishwakarama, learned counsel for the petitioner, learned standing counsel appearing for the State - respondents and Sri Ashish Kumar Srivastava, learned counsel for the gaon sabha. In substance, the petitioner appears to be aggrieved by non-issuing of certified copy of the family register of the petitioner and her deceased father. It is submitted by the learned counsel for the petitioner that the petitioner has already paid Rs. 100/- fee to the concerned Gram Pradhan for issuing the extract of the family register, but the copy of the extract of the family of the deceased father of the petitioner has not been provided. Hence this petition. On being confronted as to what is the procedure for obtaining certified copy of the family register, learned counsel for the petitioner has invited attention of this Court towards rules 73, 107 to 111 of the U.P. Panchayat Raj Rules, 1947 (in short, 'the Rules'). It would be apposite to reproduce the provisions contained under rules 73, 107 to 111 of the Rules, which are as under: "73. Copies of documents and fees therefor: Until the records of a Gaon Panchayat have been consigned applications for copies of the records of Gaon Panchayat shall be made to the Pradhan of the Gaon Panchayat. For purposes of the rates of copying fees and the manner of granting such copies, the procedure laid down in Rules 107 to 111 shall be followed. 107. Application for copy of records and fee thereon - An application for obtaining a copy of the records of a Nyaya Panchayat before the consignment of such records under these rules shall be made to the Sarpanch of the Nyaya Panchayat and shall be accompanies with a fee of 12 np. 108. 107. Application for copy of records and fee thereon - An application for obtaining a copy of the records of a Nyaya Panchayat before the consignment of such records under these rules shall be made to the Sarpanch of the Nyaya Panchayat and shall be accompanies with a fee of 12 np. 108. Copying fees: (1) Copying fee shall be charged at the rate of five annas or ten annas for every 200 words and fraction thereof according as the copy applied for is ordinary or urgent, but the Nyaya Panchayat may, for special reasons grant to an accused upon his conviction a copy of its order free of costs. (2) Half the copying fee charged for supplying a copy shall be paid to the person preparing the copy in case he is not an employee of the Gaon Sabha or the Nyaya Panchayat concerned. (3) Urgent copies shall ordinarily be delivered to the applicant within 24 hours of the receipt of the application. 109. Payment of fee in advance - While making an application for a copy, the applicant shall pay a sum likely to cover the copying fee, but it at any time it is found that the sum so paid falls short of the copying fee under Rule 108, the applicant shall be required to pay the deficiency before the delivery of the copy to him. 110. Preparation and delivery of the copy - The Sarpanch shall get the copy applied for prepared on plain paper, certify it to be a true copy under signature and seal, and deliver it to the applicant or his duly authorized agent and also refund to him the balance, if any, left out of the sum paid under Rule 109 after meeting the copying fee. 111. Credit and disbursement of fees - (a) All the cases chargeable under Rules 105, 107 and 108 shall be paid in each to the Sarpanch who shall forthwith give a receipt under his signature in the prescribed form for each fee received. (b) A Nyaya Panchayat shall maintain a Nyaya Panchayat Account in Form No. 6-A in respect of all income received in the form of fees, fines, contribution from Gaon Sabha etc. and all expenses incurred by it. (b) A Nyaya Panchayat shall maintain a Nyaya Panchayat Account in Form No. 6-A in respect of all income received in the form of fees, fines, contribution from Gaon Sabha etc. and all expenses incurred by it. (c) All sums realized by way of Court fees or fines in a case triable under the Act shall be deposited by the Sarpanch in the personal ledger account of the Nyaya Panchayat as soon as the total of such fees and fines exceeds at any time Rs. 25. (d) The District Panchayat Officer shall transfer to the credit of the State Government on the 15th day of October and of April of each financial year the whole amount then in deposit in the personal ledger account of the Nyaya Panchayat under sub-rule (c) and out of the sums so credited transfer to the Gaon Sabhas concerned in equal shares such sums as the State Government may determine under sub-section (2) of section 39 of the Act. (e) Any balance in the Nyaya Panchayat Account left on the 1st April in any year shall be disbursed in equal shares by the Prescribed Authority to each Gaon Sabha situated within the circle of the Nyaya Panchayat concerned: Provided that the amount to be disbursed after the close of a year shall be the outstanding of the balance of the year previous to 1st April." From the perusal of rule 107 of the Rules, it transpires that an application for obtaining a copy of the records of a Nyaya Panchayat shall be made to the Sarpanch of the Nyaya Panchayat on payment of 12 naya paisa; whereas, rule 108 of the Rules provides that copying fee has to be charged @ 5 or 10 annas for every 200 words. This Court desires to know as to whether these provisions have been amended or are still in force and if the provisions are still in force, how in the present time, a person can pay 12 naya paisa fee along with application for obtaining certified copy of the record and how 5 or 10 annas can be paid as a copying fee. Learned standing counsel as well as counsel for the gaon sabha are directed to seek instruction in this regard. Learned standing counsel as well as counsel for the gaon sabha are directed to seek instruction in this regard. Learned standing counsel has to obtain instruction from the Secretary, Panchayat Raj, Government of U.P., Lucknow and the learned counsel for the gaon sabha may obtain instruction from the concerned Pradhan of the Gram Panchayat as to how the fee is being charged for obtaining certified copy of the different records. As prayed, put up this case on 27.9.2016 as fresh.". 3. Pursuant thereto learned standing counsel has obtained instructions and submitted that the earlier Rule has been superseded by "Uttar Pradesh Panchayat Raj Abhilekhon ki Pratilipiyan diya jana Niyamawali, 1999" and a provision has been made for moving an application on the plain paper for obtaining certified copy of the family register for which upto 5 pages Rs. 5/- is charged and in addition to 5 pages for every page Re 1/- is chargeable. 4. Learned standing counsel submits that grievance of the petitioner has been redressed and the copies of the family register has already been issued and served upon the uncle of the petitioner and three copies of the family register has also been handed over to the learned counsel for the petitioner. 5. Learned counsel for the petitioner submits that the petitioner's name does not find mention in the copy of the family register provided by the learned standing counsel. 6. Learned standing counsel submitted that if the petitioner is aggrieved, he may approach the authority concerned under U.P. Panchayat Raj (Maintenance of Family Registers) Rules, 1970 (in short, 'the Rules'). 7. I find substance in the submission of learned standing counsel. The writ petition is disposed of with the liberty to the petitioner to file an appropriate application before the Assistance Development Officer (Panchayat) concerned for inclusion of his name in the family register under Rule 6 of the Rules along with certified copy of the order of this Court. 8. In case such an application is filed, the Assistance Development Officer (Panchayat) concerned shall pass appropriate order on the application of the petitioner recording reasons expeditiously, in accordance with law not latter than six weeks from the date of receipt of the application.