Master G Through Legal Guardian & Anr. vs State (Nct Of Delhi), Home Department & … on 2 April, 2025

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Delhi High Court

Master G Through Legal Guardian & Anr. vs State (Nct Of Delhi), Home Department & … on 2 April, 2025

Author: Subramonium Prasad

Bench: Subramonium Prasad

                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                                                                       Date of decision: 2nd APRIL, 2025
                                 IN THE MATTER OF:
                          +      W.P.(C) 14361/2023 & CM APPLs. 56841/2023, 13826/2024
                                 MASTER G THROUGH LEGAL GUARDIAN & ANR.
                                                                            ..... Petitioners
                                              Through: Ms. Tara Narula, Mr. Harshvardhan
                                                       Jain, Ms. Priya Sahil, Ms. Ankita
                                                       Talukdar, Ms. Shivangi Sharma, Mr.
                                                       Anirudh and Ms. Priya Watwani,
                                                       Advocates.

                                                         versus

                                 STATE (NCT OF DELHI), HOME DEPARTMENT & ANR.
                                                                              ..... Respondents
                                               Through: Ms. Mehak Nakra, ASC with Ms.
                                                         Aditi Kapoor, Mr. Devansh Solanki
                                                         and Mr. Karan Dalal, Advocates.
                                                         Mr.    Dayan      Krishnan,     Senior
                                                         Advocate with Mr. Sanjeevi Seshadri,
                                                         Mr. Sukrit Sethi, Mr. Shreedhar Kale
                                                         and Mr. Manan Agarwal, Advocates
                                                         (Amicus Curiae).
                                                         Mr. Hemant Gupta, Legal-cum-
                                                         Probation Officer, Department of
                                                         Women and Child Development,
                                                         GNCTD.

                          +      W.P.(C) 14393/2023 & CM APPL. 57058/2023
                                 MASTER S AND ANR                                       ..... Petitioners
                                                         Through:   Ms. Tara Narula, Mr. Harshvardhan
                                                                    Jain, Ms. Priya Sahil, Ms. Ankita
                                                                    Talukdar, Ms. Shivangi Sharma, Mr.
                                                                    Anirudh and Ms. Priya Watwani,
                                                                    Advocates.


Signature Not Verified
Digitally Signed          W.P.(C) 14361/2023 & W.P.(C) 14393/2023                              Page 1 of 37
By:RAHUL SINGH
Signing Date:04.04.2025
17:21:34
                                                          versus

                                 STATE OF NCT DELHI AND ORS.                           ..... Respondents
                                                         Through:   Ms. Mehak Nakra, ASC with Ms.
                                                                    Aditi Kapoor, Mr. Devansh Solanki
                                                                    and Mr. Karan Dalal, Advocates.
                                                                    Mr.    Dayan      Krishnan,   Senior
                                                                    Advocate with Mr. Sanjeevi Seshadri,
                                                                    Mr. Sukrit Sethi, Mr. Shreedhar Kale
                                                                    and Mr. Manan Agarwal, Advocates
                                                                    (Amicus Curiae).
                                                                    Mr. Hemant Gupta, Legal-cum-
                                                                    Probation Officer, Department of
                                                                    Women and Child Development,
                                                                    GNCTD.

                                 CORAM:
                                 HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD
                                                         JUDGMENT

1. W.P.(C) 14361/2023 has been filed by the Petitioners, who are
minors and have lost their parents, through Udhyan Ghar Boys Home II and
Home VIII stating that the properties belonging to the parents of the
Petitioners in the writ petition are being frittered away and that the
Petitioners have no other alternative but to approach this Court and invoke
parens partriae jurisdiction to secure their interest.

2. Similarly, W.P.(C) 14393/2023 has been filed by the Petitioners, who
are minors and have lost their parents, through Village Cottage Home,
Lajpat Nagar- II stating that the properties belonging to the parents of the
Petitioners herein are being frittered away and that the children have no
other alternative but to approach this Court and invoke parens partriae
jurisdiction to secure their interest.

Signature Not Verified
Digitally Signed W.P.(C) 14361/2023 & W.P.(C) 14393/2023 Page 2 of 37
By:RAHUL SINGH
Signing Date:04.04.2025
17:21:34

3. Shorn of unnecessary details, the facts, leading to W.P.(C)
14361/2023 are that on 06.09.2022, the Petitioners came back from the
market along with their mother. It is stated that Petitioner No.1 went to the
kitchen to drink some water and while he was drinking water, his father,
Neeraj, who was fully intoxicated, barged into the house with a knife in his
hand and suddenly stabbed Petitioner No.1 on his forearm. It is stated that
upon hearing Petitioner No.1’s scream, Petitioner No.2 and their mother
rushed into the kitchen. It is stated that seeing all this, the father of the
Petitioners lunged towards the mother and stabbed her in the stomach with a
knife. It is stated that the Petitioners ran out of the house. The mother of the
Petitioners died and their father committed suicide thereafter. It is stated that
both the Petitioners were placed in Udhyan Ghar Boys Home VIII by the
Order of the Child Welfare Committee (CWC). It is stated that the CWC
also gave directions to the Investigating Officer in FIR No.503/2022 dated
07.09.2022, registered at Police Station Laxmi Nagar for offences
punishable under Sections 302 & 324 IPC, which had been lodged for
murder of the mother of the Petitioners, to make a list of the properties, cash,
jewellery and bank accounts etc. belonging to the parents and file a status
report. It is stated that the paternal uncle and aunts of the Petitioners wanted
to meet the Petitioners and a meeting was set up for the same on 21.12.2022.
It is stated that after the meeting both the Petitioners resisted and refused to
be re-united with their family as they believed that their relatives had made
no efforts whatsoever to resolve the differences between their parents or
help them during the traumatic incident. It is stated that the incidents of
violence have left the Petitioners extremely disturbed and they have been
affected both mentally and physically. It is also stated that the Petitioners are

Signature Not Verified
Digitally Signed W.P.(C) 14361/2023 & W.P.(C) 14393/2023 Page 3 of 37
By:RAHUL SINGH
Signing Date:04.04.2025
17:21:34
not in possession of any of the assets left behind by their deceased parents
and the same are being frittered away. The Petitioners herein, therefore,
have approached this Court for a direction to the Respondents to secure
information relating to the movable and immovable assets of the deceased
parents. The Petitioners have also prayed for a direction to the Respondents
to secure the Property bearing H. No. 400, 3rd Floor (Upper Third Floor),
Gali No. 2, West Guru Anand Nagar, Laxmi Nagar, Delhi – 110092 and
prevent its use by or for anyone apart from the Petitioners.

4. Similarly, the facts leading to the filing of W.P.(C) 14393/2023 are
that the father of the Petitioners used to beat them mercilessly under the
influence of alcohol. It is further stated that he did not provide food to the
Petitioners leading to their physical, emotional abuse. It is stated that on one
day in June, 2020 when the father of the Petitioners was beating them under
the influence of alcohol, one of their cousins called the PCR and made a
complaint. It is stated that when the police reached the spot, they found the
father of the Petitioners, under the influence of alcohol, beating the
Petitioners and blood was coming out from the right eyebrow of the
Petitioner No.2 herein. It is stated that an FIR bearing No.291/2020 dated
29.06.2020 was registered against the Petitioner’s father at Police Station
Hauz Khas for offences under Section 323/506 IPC and Section 75 of the
Juvenile Justice Care and Protection of Children Act, 2015. It is stated that
the Petitioners were sent to the Hospital for their medical examination and
their statements under Section 164 Cr.P.C were recorded before the learned
Duty Metropolitan Magistrate, Saket Courts on 30.06.2020. It is stated that
both the Petitioners were produced before the CWC on 02.07.2020 and vide
Order dated 02.07.2020, the CWC observed that the Petitioners are in a

Signature Not Verified
Digitally Signed W.P.(C) 14361/2023 & W.P.(C) 14393/2023 Page 4 of 37
By:RAHUL SINGH
Signing Date:04.04.2025
17:21:34
vulnerable condition and their father is in judicial custody and, therefore, the
in-charge/Welfare Officer, Village Cottage Home, Lajpat Nagar-II was
directed to take the custody of the Petitioners. It is stated that the father of
the Petitioners herein passed away on 06.09.2022 and the mother of the
Petitioners left the family a few years ago and is not interested in their
welfare. It is stated that CWC directed the Welfare Officer to conduct a
home visit of the Petitioners herein and submit a Report with respect to the
parental home and relatives of the Petitioners. The Welfare Officer
submitted the home visit report dated 26.08.2020 to the CWC. It is stated in
the report that the Petitioner’s home was an ancestral property and the said
property had already been divided among their deceased father and his
brothers. It was further stated in the report that the Petitioner’s father owned
two floors (around 80 sq. yds.) out of four floors and most of the rooms were
on rent. It is also stated that the Welfare Officer requested the CWC to take
action to secure the Petitioners’ property in their interest.

5. Vide Order dated 03.11.2023 CWC was impleaded as Respondent
No.3 in the present Petitions and Notice was issued. This Court also
appointed Mr. Dayan Krishnan, learned Senior Counsel, as Amicus Curiae
to assist the Court in laying down a policy in matters of such nature.

6. Vide Order dated 06.12.2023, this Court directed the concerned
District Magistrates to immediately move an application under Section 10 of
the Guardians and Wards Act, 1890 within three days from the date of the
said Order. The District Magistrates were also directed to make a proper
inventory of the movable and immovable assets of the Petitioners herein
before filing applications before the concerned Courts. This Court also
directed the CWC to file a Status Report stating as to how many applications

Signature Not Verified
Digitally Signed W.P.(C) 14361/2023 & W.P.(C) 14393/2023 Page 5 of 37
By:RAHUL SINGH
Signing Date:04.04.2025
17:21:34
have been received in respect of such children and what all steps have been
taken. Status Reports were filed in both the cases stating that the concerned
District Magistrate have filed applications under Section 10 of the Guardians
and Wards Act.

7. It was noted by this Court that in W.P.(C) 14361/2023 the case was
first listed in the trial Court on 03.01.2024 but was adjourned for
03.04.2024. This Court vide Order dated 05.01.2024 was of the view that
such long adjournments in matters like this which pertain to frittering away
of the property of abandoned/orphaned children cannot be countenanced and
such long adjournments defeat the whole purpose of Section 10 of the
Guardians and Wards Act which is for taking immediate action to safeguard
the properties of such persons lest it is frittered away.

8. The CWC also informed this Court that for the issue regarding
framing guidelines on the action to be taken by the District Magistrate in
matters of such nature, a Committee has been formed. This Court then
directed the Committee to frame its guidelines within a period of three
weeks from the date of this Order and place them on record. The Counsel for
the Petitioners and the learned Amicus Curiae were also requested to give
their suggestions to the Court regarding the same.

9. Learned Counsel appearing for the Petitioners in both the Petitions
states that the Petitioners are not in possession of the assets left behind by
their deceased parents and have been forced to lead a traumatized and
destitute life because of the crimes committed by their parents in the state of
intoxication. It is further stated that to ensure that no prejudice is caused to
the Petitioners’ properties and to secure the future of the Petitioners and to
assist their rehabilitation, directions may be issued to secure their moveable

Signature Not Verified
Digitally Signed W.P.(C) 14361/2023 & W.P.(C) 14393/2023 Page 6 of 37
By:RAHUL SINGH
Signing Date:04.04.2025
17:21:34
and immovable assets.

10. Mr. Dayan Krishnan, learned Amicus Curiae, states that the State
organizations are acting in a callous manner in a number of cases where the
children have either become orphans or their parents are missing due to
cruel fate and their assets are being frittered away by relatives or strangers.
Mr. Krishnan, thereafter, draws the attention of this Court to Section 8 of the
Guardians and Wards Act, 1890 which mandates the Collector of the
concerned District to take steps to move to the Court for being appointed as
a guardian of such children. He further states that when a duty is cast upon
the Government officials to act as parents of such children then the officers
have to take it seriously and should also take necessary steps to secure the
assets of such children. He further states that there is an urgent need for a
robust mechanism which lays down stringent time-line for the purposes of
securing the property rights of the orphan children.

11. At this juncture, this Court deems it fit to extract relevant provisions
of the Guardians and Wards Act, 1890; the Juvenile Justice (Care and
Protection of Children) Act, 2015
& the Family Courts Act, 1984, which
protects the rights of such orphaned children. The relevant provisions of the
Guardians and Wards Act, 1890 reads as under:

Section 9. Court having jurisdiction to entertain
application.

(1) If the application is with respect to the
guardianship of the person of the minor, it shall be
made to the District Court having jurisdiction in the
place where the minor ordinarily resides.

(2) If the application is with respect to the
guardianship of the property of the minor, it may be

Signature Not Verified
Digitally Signed W.P.(C) 14361/2023 & W.P.(C) 14393/2023 Page 7 of 37
By:RAHUL SINGH
Signing Date:04.04.2025
17:21:34
made either to the District Court having jurisdiction in
the place where the minor ordinarily resides or to a
District Court having jurisdiction in a place where he
has property.

(3) If an application with respect to the guardianship
of the property of a minor is made to a District Court
other than that having jurisdiction in the place where
the minor ordinarily resides, the Court may return the
application if in its opinion the application would be
disposed of more justly or conveniently by any other
District Court having jurisdiction.

Section 10. Form of application.

(1) If the application is not made by the Collector, it
shall be by petition signed and verified in manner
prescribed by the 1Code ,of Civil Procedure (14 of
1882) for the signing and verification of a plaint, and
stating, so far as can be ascertained–

(a) the name, sex, religion, date of birth and
ordinary residence of the minor;

(b) where the minor is a female, whether she is
married, and, if so, the name and age of her
husband;

(c) the nature, situation and approximate value of
the property, if any, of the minor;

(d) the name and residence of the person having
the custody or possession of the person or
property of the
minor;

(e) what near relations the minor has, and where

Signature Not Verified
Digitally Signed W.P.(C) 14361/2023 & W.P.(C) 14393/2023 Page 8 of 37
By:RAHUL SINGH
Signing Date:04.04.2025
17:21:34
they reside;

(f) whether a guardian of the person or property,
or both, of the minor has been appointed by any
person entitled or claiming to be entitled by the
law to which the minor is subject to make such an
appointment;

(g) whether an application has at any time been
made to the Court or to any other Court with
respect to the guardianship of the person or
property, or both, of the minor, and, if so, when,
to what Court and with what result;

(h) whether the application is for the appointment
or declaration of a guardian of the person of the
minor, or of his property, or of both;

(i) where the application is to appoint a guardian,
the qualifications of the proposed guardian;

(j) where the application is to declare a person to
be a guardian, the grounds on which that person
claims;

(k) the causes which have led to the making of the
applications; and

(l) such other particulars, if any, as may be
prescribed or as the nature of the application
renders it necessary to state.

(2) If the application is made by the Collector, it shall
be by letter addressed to the Court and forwarded by
post or in such other manner as may be found
convenient, and shall state as far as possible the
particulars mentioned in sub-section (1).

Signature Not Verified
Digitally Signed W.P.(C) 14361/2023 & W.P.(C) 14393/2023 Page 9 of 37
By:RAHUL SINGH
Signing Date:04.04.2025
17:21:34

(3) The application must be accompanied by a
declaration of the willingness of the proposed guardian
to act and the declaration must be signed by him and
attested by at least two witnesses.

*****
Section 12. Power to make interlocutory order for
production of minor and interim protection of person
and property.

(1) The Court may direct that the person, if any, having
the custody of the minor shall produce him or cause
him to be produced at such place and time and before
such person as it appoints, and may make such order
for the temporary custody and protection of the person
or property of the minor as it thinks proper.

(2) If the minor is a female who ought not to be
compelled to appear in public, the direction under sub-

section (1) for her production shall require her to be
produced in accordance with the customs and manners
of the country.

(3) Nothing in this section shall authorise–

(a) the Court to place a female minor in the
temporary custody of a person claiming to be her
guardian on the ground of his being her husband,
unless she is already in his custody with the
consent of her parents, if any, or

(b) any person to whom the temporary custody
and protection of the property of a minor is
entrusted to dispossess otherwise than by due
course of law any person in possession of any of
the property.”

12. Relevant provisions of Juvenile Justice (Care and Protection of

Signature Not Verified
Digitally Signed W.P.(C) 14361/2023 & W.P.(C) 14393/2023 Page 10 of 37
By:RAHUL SINGH
Signing Date:04.04.2025
17:21:34
Children) Act, 2015 reads as under:

” Chapter VI

PROCEDURE IN RELATION TO CHILDREN IN
NEED OF CARE AND PROTECTION

31. Production before Committee.–(1) Any child in
need of care and protection may be produced before
the Committee by any of the following persons,
namely–

(i) any police officer or special juvenile police
unit or a designated Child Welfare Police Officer
or any officer of District Child Protection Unit or
inspector appointed under any labour law for the
time being in force;

(ii) any public servant;

(iii) Childline Services or any voluntary or non-
governmental organisation or any agency as may
be recognised by the State Government;

(iv) Child Welfare Officer or probation officer;

(v) any social worker or a public spirited citizen;

(vi) by the child himself; or

(vii) any nurse, doctor or management of a
nursing home, hospital or maternity home:

Provided that the child shall be produced before the
Committee without any loss of time but within a period
of twenty-four hours excluding the time necessary for
the journey.

Signature Not Verified
Digitally Signed W.P.(C) 14361/2023 & W.P.(C) 14393/2023 Page 11 of 37
By:RAHUL SINGH
Signing Date:04.04.2025
17:21:34

(2) The State Government may make rules consistent
with this Act, to provide for the manner of submitting
the report to the Committee and the manner of sending
and entrusting the child to children’s home or fit
facility or fit person, as the case may be, during the
period of the inquiry.

32. Mandatory reporting regarding a child found
separated from guardian.–(1) Any individual or a
police officer or any functionary of any organisation or
a nursing home or hospital or maternity home, who or
which finds and takes charge, or is handed over a child
who appears or claims to be abandoned or lost, or a
child who appears or claims to be an orphan without
family support, shall within twenty-four hours
(excluding the time necessary for the journey), give
information to the Childline Services or the nearest
police station or to a Child Welfare Committee or to
the District Child Protection Unit, or hand over the
child to a child care institution registered under this
Act, as the case may be.

(2) The information regarding a child referred to
in sub-section (1) shall be uploaded by the
Committee or the District Child Protection Unit
or the child care institution, as the case may be,
on a portal as may be specified by the Central
Government in this behalf.]

33. Offence of non-reporting.–If information
regarding a child as required under Section 32 is not
given within the period specified in the said section,
then, such act shall be regarded as an offence.

34. Penalty for non-reporting.–Any person who has
committed an offence under Section 33 shall be liable
to imprisonment up to six months or fine of ten
thousand rupees or both.

Signature Not Verified
Digitally Signed W.P.(C) 14361/2023 & W.P.(C) 14393/2023 Page 12 of 37
By:RAHUL SINGH
Signing Date:04.04.2025
17:21:34

35. Surrender of children.–(1) A parent or guardian,
who for physical, emotional and social factors beyond
their control, wishes to surrender a child, shall
produce the child before the Committee.

(2) If, after prescribed process of inquiry and
counselling, the Committee is satisfied, a
surrender deed shall be executed by the parent or
guardian, as the case may be, before the
Committee.

(3) The parents or guardian who surrendered the
child, shall be given two months time to
reconsider their decision and in the intervening
period the Committee shall either allow, after due
inquiry, the child to be with the parents or
guardian under supervision, or place the child in
a Specialised Adoption Agency, if he or she is
below six years of age, or a children’s home if he
is above six years.

36. Inquiry.–(1) On production of a child or receipt of
a report under Section 31, the Committee shall hold an
inquiry in such manner as may be prescribed and the
Committee, on its own or on the report from any
person or agency as specified in sub-section (2) of
Section 31, may pass an order to send the child to the
children’s home or shelter home or a fit facility or fit
person, and for speedy social investigation by a social
worker or Child Welfare Officer or Child Welfare
Police Officer:

Provided that all children below six years of age, who
are orphan, surrendered or appear to be abandoned
shall be placed in a Specialised Adoption Agency,
where available.

Signature Not Verified
Digitally Signed W.P.(C) 14361/2023 & W.P.(C) 14393/2023 Page 13 of 37
By:RAHUL SINGH
Signing Date:04.04.2025
17:21:34

(2) The social investigation shall be completed
within fifteen days so as to enable the Committee
to pass final order within four months of first
production of the child:

Provided that for orphan, abandoned or
surrendered children, the time for completion of
inquiry shall be as specified in Section 38.

(3) After the completion of the inquiry, if
Committee is of the opinion that the said child has
no family or ostensible support or is in continued
need of care and protection, it may send the child
to a Specialised Adoption Agency if the child is
below six years of age, children’s home or to a fit
facility or person or foster family, till suitable
means of rehabilitation are found for the child, as
may be prescribed, or till the child attains the age
of eighteen years:

Provided that the situation of the child placed in a
children’s home or with a fit facility or person or
a foster family, shall be reviewed by the
Committee, as may be prescribed.

(4) The Committee shall submit a quarterly report
on the nature of disposal of cases and pendency of
cases to the District Magistrate in the manner as
may be prescribed, for review of pendency of
cases.

(5) After review under sub-section (4), the District
Magistrate shall direct the Committee to take
necessary remedial measures to address the
pendency, if necessary and send a report of such
reviews to the State Government, who may cause
the constitution of additional Committees, if
required:

Signature Not Verified
Digitally Signed W.P.(C) 14361/2023 & W.P.(C) 14393/2023 Page 14 of 37
By:RAHUL SINGH
Signing Date:04.04.2025
17:21:34

Provided that if the pendency of cases continues
to be unaddressed by the Committee even after
three months of receiving such directions, the
State Government shall terminate the said
Committee and shall constitute a new Committee.

(6) In anticipation of termination of the
Committee and in order that no time is lost in
constituting a new Committee, the State
Government shall maintain a standing panel of
eligible persons to be appointed as members of
the Committee.

(7) In case of any delay in the constitution of a
new Committee under sub-section (5), the Child
Welfare Committee of a nearby district shall
assume responsibility in the intervening period.

37. Orders passed regarding a child in need of care
and protection.–(1) The Committee on being satisfied
through the inquiry that the child before the Committee
is a child in need of care and protection, may, on
consideration of Social Investigation Report 24[* * *]
and taking into account the child’s wishes in case the
child is sufficiently mature to take a view, pass one or
more of the following orders, namely–

(a) declaration that a child is in need of care and
protection;

(b) restoration of the child to parents or guardian
or family with or without supervision of Child
Welfare Officer or designated social worker;

(c) placement of the child in Children’s Home or
fit facility or Specialised Adoption Agency for the
purpose of adoption for long-term or temporary

Signature Not Verified
Digitally Signed W.P.(C) 14361/2023 & W.P.(C) 14393/2023 Page 15 of 37
By:RAHUL SINGH
Signing Date:04.04.2025
17:21:34
care, keeping in mind the capacity of the
institution for housing such children, either after
reaching the conclusion that the family of the
child cannot be traced or even if traced,
restoration of the child to the family is not in the
best interest of the child;

(d) placement of the child with fit person for long-
term or temporary care;

(e) foster care orders under Section 44;

(f) sponsorship orders under Section 45;

(g) directions to persons or institutions or
facilities in whose care the child is placed,
regarding care, protection and rehabilitation of
the child, including directions relating to
immediate shelter and services such as medical
attention, psychiatric and psychological support
including need-based counselling, occupational
therapy or behaviour modification therapy, skill
training, legal aid, educational services, and
other developmental activities, as required, as
well as follow-up and coordination with the
District Child Protection Unit or State
Government and other agencies;

(h) declaration that the child is legally free for
adoption under Section 38.

(2) The Committee may also pass orders for–

(i) declaration of fit persons for foster care;

(ii) getting after care support under Section 46 of
the Act; or

Signature Not Verified
Digitally Signed W.P.(C) 14361/2023 & W.P.(C) 14393/2023 Page 16 of 37
By:RAHUL SINGH
Signing Date:04.04.2025
17:21:34

(iii) any other order related to any other function
as may be prescribed.

38. Procedure for declaring a child legally free for
adoption.–(1) In case of orphan and abandoned child,
the Committee shall make all efforts for tracing the
parents or guardians of the child and on completion of
such inquiry, if it is established that the child is either
an orphan having no one to take care, or abandoned,
the Committee shall declare the child legally free for
adoption:

Provided that such declaration shall be made within a
period of two months from the date of production of the
child, for children who are up to two years of age and
within four months for children above two years of
age:

Provided further that notwithstanding anything
contained in this regard in any other law for the time
being in force, no first information report shall be
registered against any biological parent in the process
of inquiry relating to an abandoned or surrendered
child under this Act.

(2) In case of surrendered child, the institution
where the child has been placed by the Committee
on an application for surrender, shall bring the
case before the Committee immediately on
completion of the period specified in Section 35,
for declaring the child legally free for adoption.

(3) Notwithstanding anything contained in any
other law for the time being in force, a child of a
mentally retarded parents or a unwanted child of
victim of sexual assault, such child may be
declared free for adoption by the Committee, by
following the procedure under this Act.

Signature Not Verified
Digitally Signed W.P.(C) 14361/2023 & W.P.(C) 14393/2023 Page 17 of 37
By:RAHUL SINGH
Signing Date:04.04.2025
17:21:34

(4) The decision to declare an orphan, abandoned
or surrendered child as legally free for adoption
shall be taken by at least three members of the
Committee.

(5) The Committee shall inform 25[the District
Magistrate,] the State Agency and the Authority
regarding the number of children declared as
legally free for adoption and number of cases
pending for decision in the manner as may be
prescribed, every month.”

13. Relevant provision of the Family Courts Act, 1984 reads as under:

“5. Association of social welfare agencies, etc.–The
State Government may, in consultation with the High
Court, provide, by rules, for the association, in such
manner and for such purposes and subject to such
conditions as may be specified in the rules, with a
Family Court of–

(a) institutions or organisations engaged in social
welfare or the representatives thereof;

(b) persons professionally engaged in promoting
the welfare of the family;

(c) persons working in the field of social welfare;

and

(d) any other person whose association with a
Family Court would enable it to exercise its
jurisdiction more effectively in accordance with
the purpose of this Act.

6. Counsellors, officers and other employees of Family

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Courts.–(1) The State Government shall, in
consultation with the High Court, determine the
number and categories of counsellors, officers and
other employees required to assist a Family Court in
the discharge of its functions and provide the Family
Court with such counsellors, officers and other
employees as it may think fit.

(2) The terms and conditions of association of the
counsellors and the terms and conditions of
service of the officers and other employees,
referred to in sub-section (1), shall be such as
may be specified by rules made by the State
Government.

7. Jurisdiction.–(1) Subject to the other provisions of
this Act, a Family Court shall–

(a) have and exercise all the jurisdiction
exercisable by any district court or any
subordinate civil court under any law for the time
being in force in respect of suits and proceedings
of the nature referred to in the Explanation; and

(b) be deemed, for the purposes of exercising such
jurisdiction under such law, to be a district court,
as the case may be, such subordinate civil court
for the area to which the jurisdiction of the
Family Court extends.

Explanation.–The suits and proceedings referred
to in this sub-section are suits and proceedings of
the following nature, namely:–

(a) a suit or proceeding between the parties to a
marriage for a decree of nullity of marriage
(declaring the marriage to be null and void or, as
the case may be, annulling the marriage) or

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restitution of conjugal rights or judicial
separation or dissolution of marriage;

(b) a suit or proceeding for a declaration as to the
validity of a marriage or as to the matrimonial
status of any person;

(c) a suit or proceeding between the parties to a
marriage with respect to the property of the
parties or of either of them;

(d) a suit of proceeding for an order or injunction
in circumstances arising out of a marital
relationship;

(e) a suit of proceeding for a declaration as to the
legitimacy of any person;

(f) a suit or proceeding for maintenance;

(g) a suit of proceeding in relation to the
guardianship of the person or the custody of, or
access to, any minor.

(2) Subject to the other provisions of this Act, a Family
Court shall also have and exercise–

(a) the Jurisdiction exercisable by a Magistrate of
the first class under Chapter IX (relating to order
for maintenance of wife, children and parents) of
the Code of Criminal Procedure, 1973 (2 of
1974); and

(b) such other jurisdiction as may be conferred on
it by any other enactment.”

14. However it is brought to the attention of this court that there are
various lacunae in the legislature because of which there is a lack of

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coordination between various organs of the State, be it Courts or the
Executive. To fill up such gaps and to avoid delay, this Court directed the
State to frame and implement guidelines to ensure timely action of all the
organs of the state to protect the rights and for the welfare of such children.
This Court suggested learned Counsel appearing for CWC to frame
guidelines for safeguarding the property rights of orphaned children in
Delhi. The draft guidelines were prepared. The learned Amicus Curiae – Mr.
Dayan Krishnan gave suggestions for fixing the timelines and most of the
suggestions have been accepted by CWC and the guidelines dated
09.04.2024 have been framed and produced in the Court. The draft
guidelines reads as under:

“GUIDELINES TO SAFEGUARD PROPERTY
RIGHTS OF ORPHANED CHILDREN IN DELHI

Orphaned children are among the most vulnerable
members of society, facing numerous challenges and
uncertainties, including the loss of parental care and
the absence of legal protection for their property
rights. In many cases, these children are left without
any formal documentation or legal guardianship,
leaving their property susceptible to exploitation,
neglect or unlawful appropriation.

Recognising an urgent need to safeguard the rights
and interests of these vulnerable children, these
comprehensive guidelines have been ·formulated to
ensure the protection and security of their property
rights. These guidelines aim to provide a framework
for legal and administrative procedures to identify,
protect and manage the assets and properties of
orphaned children, thereby promoting their welfare,
stability, and future prospects.

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I. Defining ‘orphan child’-

According to Section 2 ( 42) of the Juvenile
Justice (Care & Protection of Children) Act, 2015
,
orphan means a child –

i. who is without biological or adoptive
parent or legal guardian or

ii. whose legal guardian is not willing to
take or capable of taking care of the child.

These children need a place such as a Child
Care Institution that helps them to survive as well as
nurtures them until they grow enough to take care of
themselves.

II. Property rights of orphan child –

When a parent passes away without a will, their
self-acquired property becomes an inheritance for their
children. However, if these children are minors, though
they possess the right to own the property, yet lack the
legal capacity to manage it. In such instances, the legal
guardian, appointed by the court or designated by the
family, files a petition in court and seeks authorization
for the management of the property on behalf of the
minor child until they reach adulthood. This process
aims to protect the interests and property rights of
orphaned children during their vulnerable years of
dependency.

In most cases, it is not easy to ascertain when
children’s property(ies) and inheritance rights have
been violated because the members of extended
families/legal guardians have the right to determine
how such property(ies) can be used to provide for the
needs of the child, including for clothing, food,

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housing, and education. In some instance the members
of extended families/legal guardians confiscate the
property(ies) of deceased relatives to use for their own
benefit which should have been used for the benefit of
the orphaned children. This results in violations of the
rights of children.

To protect and secure the property rights of the
orphan children, these guidelines specify the role of all
major stakeholders in monitoring and protecting
property(ics) and inheritance rights of children to
prevent any violation. The guidelines aim to prevent
ambiguity ensuring that succession and inheritance
rights of the children are secured in every possible
manner.

III. Role of Major Stakeholders –

3 .1 Role of Child Welfare Committee:

a) Any child who is found to be an orphan shall be
produced before the Child Welfare Committee
(CWC) within 24 hours under section 31 read
with section 32 of the Juvenile Justice (Care &
Protection of Children) Act, 2015 (hereinafter to
referred as ‘JJ Act‘).

b) The CWC shall ascertain the immediate need of
the child and pass appropriate order as
prescribed under the Section 37 of the JJ Act as
well as the relevant rules under the Juvenile
Justice (Care & Protection of Children) Model
Rules, 2016 (hereinafter to referred as ‘JJ Rules’).

c) The CWC shall direct the Child Care
Institution (CCI) where child is placed or District
Child Protection Unit (DCPU) to prepare Social
Investigation Report (SIR) along with information

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regarding all assets, properties and financials of
parent(s) of such a child in accordance with JJ
Act
& rules thereof. The SIR shall be submitted
within fifteen days. The report should include
details of all movable and immovable
property(ies) over which the child may have a
succession/inheritance interest/right. It may also
include information on the parent’s will,
insurance policies, benefits, fixed deposits, bank
accounts, job compensation, pension, insurance
money, cash, jewellery etc. The report shall be
submitted to the CWC in accordance to Section
36(2)
of the Act.

(Note – Existence of movable and immovable
properties in the name of such child should not be
an impediment to them being declared as legally
fi·ee for adoption as contemplated in Section 38 of
the JJ Act. Additionally, it can be ensured that the
factum of the assets of the child shall not be
disclosed by the ewe or the Specialised Adoption
Agency (SAA) to the prospective adoptive parents
until adoption is finalised through the District
Magistrate ‘s order)

d) The CWC shall ensure the procurement of legal
heir and succession certificate in favour of the
child as well as death certificates of parent(s) as
early as possible. The process for procurement of
such certificate(s) must be initiated within 7 days
from receiving of the SIR. The CWC shall also
ensure that necessary assistance by the concerned
DCPU/Local Police/District Legal Service
Authority is provided to the child/guardian in
procuring the legal heir certificate, the succession
certificate and death certificates (whichever is
applicable) from the concerned Authority/Court.

e) The CWC within 7 days of receiving the SIR

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along with information regarding all assets from
the DCPU and procuring all relevant and
available documents must compile the same and
forward it along with an intimation letter to the
District Magistrate (OM) within whose
jurisdiction the child is residing for the purpose of
protecting the property(ies) and assets that the
child is entitled to.

f) The CWC shall be at the liberty to take
assistance of the Legal Aid Counsel (LAC)
deputed in CWC for compiling information and
documents as well as drafting the intimation letter
to the OM.

3.2 Role of Juvenile Justice Board (JJB)

a) Any child in conflict with law (CCL) when
produced before the Juvenile Justice Board (JJB)
and found to be an orphan during the inquiry, the
JJB shall direct the Probation Officer to prepare
Social Investigation Report (SIR). The SIR shall
be submitted within fifteen days. The SIR shall
include complete information regarding all assets,
properties and financials of parent(s) of such a
child in accordance with JJ Act & rules thereof.
The report should include details of all movable
and immovable property(ies) over which the child
may have a succession/inheritance interest/right.
It may also include information on the parent’s
will, insurance policies, benefits, fixed deposits,
bank accounts, job compensation, pension,
insurance money, cash, jewellery etc. The report
shall be submitted in accordance with Section 8(3
)( e) of JJ Act.

b) The JIB shall ensure the procurement of legal
heir and succession certificate in favour of the

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child as well as death certificates of parent(s) as
early as possible. The process for procurement of
such certificate(s) must be initiated within 7 days
from receiving of the SIR.. The JJB shall also
ensure that necessary assistance by the concerned
Probation nicer/Local Police/District Legal
Service Authority is provided to the
child/guardian in procuring the legal heir
certificate. the succession ce11ificate and death
certificates (whichever is applicable) from the
concerned Authority/Court.

c) The JJB within 7 days of receiving the SIR
along with information regarding all assets from
the Probation Officer and procuring all relevant
and available documents must compile the same
and forward it along with an intimation letter to
the District Magistrate (DM) within whose
jurisdiction the child is residing for the purpose of
protecting the property(ies) and assets that the
child is entitled to.

d) The JJB shall be at the liberty to take
assistance of the Legal Aid Counsel (LAC)
deputed in JJB for compiling information and
documents as well as drafting the intimation letter
to the DM.

3.3 Role of Child Care Institution CCCI)

a) The In-charge of the CCI where the child is
placed by the order of the CWC/JJB shall ensure
child wellbeing including care, protection,
rehabilitation etc. in accordance with the JJ
Act
/Rules.

b) Upon receipt of the directions from the CWC to
prepare Social Investigation Report (SIR) the

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same must be submitted within 15 days from the
date of order along with on information regarding
all assets, properties and financials of parent(s) of
such a child in accordance with JJ Act & rules
thereof. The report should include details of all
movable and immovable property(ies) over which
the child may have a succession/inheritance
interest/right. It may also include information on
the parent’s will, insurance policies, benefits,
fixed deposits, bank accounts, job compensation,
pension, insurance money, cash, jewellery etc.

c) The In-charge of the CCI would provide
necessary assistance to the · child/guardian in
procuring the legal heir certificate, the succession
certificate and death certificates (whichever is
applicable) from the concerned Authority/Court.
The bank details of the child be supplied to the
concerned to ensure that all inflows owed to the
child may be directed into this bank account.

d) The In-charge of the CCI would ensure that the
order of CWC/JJB must be complied as & when
directed to do so.

3.4 Role of District Child Protection Unit

a) Upon receipt of the directions from the CWC to
prepare Social Investigation Report (SIR), the
same must be submitted within 15 days from the
date of order along with on information regarding
all assets, properties and financials of parent(s) of
such a child in accordance with JJ Act & rules
thereof. The report should include details of all
movable and immovable property(ies) over which
the child may have a succession/inheritance
interest/right. It may also include information on
the parent’s will, insurance policies, benefits,

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fixed deposits, bank accounts, job compensation,
pension, insurance money, cash, jewellery etc.

b) The DCPU would ensure that necessary
assistance is provided to the child/guardian in
procuring the legal heir certificate, the succession
certificate and death certificates (whichever is
applicable) from the concerned Authority/Court.

3 .5 Role of District Magistrate

a) On receiving intimation from the CWC/JJB, the
DM shall conduct an inquiry into the details,
identify and demarcate all assets, properties, and
financials of such child and his/her parents. This
inquiry shall aim to collect details of all movable
and immovable property(ies) over which the child
may have a right/interest. The inquiry shall also
include verification and/or collecting information
on the status of guardianship, parent’s will,
insurance policies, benefits, fixed deposits, bank
accounts, job compensations, pension, insurance
money, cash, jewellery etc.

b) For an effective inquiry, the DM shall take the
assistance of the Police for identifying and
demarcating all the movable and immovable
property(ies) in which the child may have any
right/interest.

c) A copy of the report containing the details of
immovable property shall be forwarded to the
Registering Authority i.e. Sub Registrar/Registrar
etc. within whose jurisdiction the said immovable
property falls. The DM shall also move
appropriate application before the concerned
court to seek the direction from the court to
refrain from registering any deed of the said

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property without the written direction received
from the Hon’ble Court.

d) The DM shall within 7 days of the receipt of the
letter from CWC, complete their inquiry, procure
the relevant documents and take appropriate steps
under Section 10 read with Section 8 of the
Guardians and Wards Act, 1890 before the
Concerned Family/District Court seeking to be
appointed as a guardian of property(ies) or a
minor to secure the child’s movable and
immovable property(ies).

e) If required, interim orders in terms of Section
12
of the Guardians and Wards Act 1890 may be
sought from the Court concerned, to preserve
‘Status quo’. The District Magistrate, upon receipt
of such orders shall be obliged to direct the
concerned authority under whose jurisdiction the
immovable property(ies) is located and/or
custodian of the movable property(ies) to not
create any encumbrance in respect of the said
movable/immovable property(ies).

f) The DM may take assistance of its empanelled
legal counsel and may also be at the liberty to
approach the DLSA for appropriate legal support,
if required at any stage.

g) The DM, if needed, shall also liaise with the
CWC for any additional information and/or
documents required for taking appropriate steps
under Section 10 read with Section 8 of
Guardians and Wards Act, 1890.

h) The DM shall ensure that a copy of any
letter/application made before the concerned
Family/District Court and information on the

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court proceedings regarding the guardianship or
the properties concerning the child is shared with
the ewe.

i) Once appointed as a guardian of property(ies)
of the child by the concerned Family/District
Court, the DM must discharge their duties and
obligations as prescribed under the Guardians
and Wards Act, 1890
, the Delhi High Court Rules
for Guardians and Wards and as per the
directions from the concerned Family/District
Court.

j) The DM as part of its duties as a guardian of
property(ies) of the child shall also actively liaise
with the ewe to take necessary steps that are
deemed to be in the best interest of the child.
Additionally, the DM shall organise quarterly
meetings with the CWC and, where applicable,
the child (if aged 14 or above) to update them
about the status of any property(ies) and of any
court proceedings.

k) When the DM’s powers as a guardian of
property(ies) of a minor cease or there is
appointment of another guardian, the office of the
DM shall organise a meeting with the
child/former child (as the case may be) where the
CWC and a legal counsel from the DLSA shall
also be present. In this meeting, the child/former
child should be explained the status of each
property(ies ), asset and account to their
satisfaction.

l) Any letter/application filed by the OM shall not
preclude consideration of a similar application by
a relative or friend of the child and the Guardian
shall be appointed by the Concerned

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Family/District Court on the settled principles
enumerated in respect thereof, including the best
interest of the child.

3.6 Role of Local Police

a) For an effective inquiry, the police on
rece1vmg directions from the CWC/JJB/DM to
take all necessary steps for identifying and
demarcating all the movable and immovable
property(ies) in which the parent(s) or the child
has any interest immediately take the necessary
steps accordingly.

(Note- The Police can take steps to access and
analyse all assets like seizing documents,
checking income tax return, interviewing the
appointed guardian (if any), immediate relatives,
neighbours and friends of the parent(s) etc., the
police shall also be at liberty to seize and
preserve the mobile phone/computer/gadgets of
the parent(s) and or any credit and debit cards to
prevent any misuse, till the same is required to be
handed over to the appointed guardian of the
child.)

b) For ascertaining the movable or/and
immovable properties in which the parents had an
interest, the local police shall be at liberty take all
steps necessary including but not limited to
interviews the immediate relatives, neighbours
and friends of the parents, access and analyse the
income tax returns of the parents, seize and
analyse the documents/papers lying at the
residence of the parents etc.

c) The local police shall have the duty to
immediately seize and preserve the mobile phone

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of the parents and/or any credit and debit cards
and/or any identity cards to prevent any misuse of
the same, till the same is required to be handed
over to the guardian of the child and/or
property(ies) by the Court under the
Guardianship Act.

d) The police would provide assistance to
CWC/JJB as and when directed to do so.

3. 7 Role of District Legal Service Authority

a) The DLSA shall provide all the necessary legal
assistance as required by the
DM/CWC/JJB/DCPU/Police at any stage.

b) The DLSA shall provide all the necessary
support to the child including counsel for moving
an application before the concerned authority for
granting compensation to the child under Delhi
Victim Compensation Scheme/other relevant
scheme, if the child is victim of any offence.

3.8. Role of Department of Women & Child
Development, GNCTD –

a) Monitoring and ensuring compliance – In the
event that there 1s any noncompliance or delay
with regards to the above-mentioned guidelines
by any stakeholder, the same shall be brought to
the notice of the Department of Women & Child
Development who shall take immediate
appropriate action to ensure protection of
orphaned children’s property(ies) rights. Non-
compliance of these guidelines on part of officers
shall lead to serious action, for instance inclusion
in the relevant service record. The Department
will also prepare bi-annual reports on the

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compliance with these guidelines, which reports
ought to be shared with this Hon’ ble Court
through its pmver of superintendence under S.46
& 50 of the Guardian & Wards Act.

b) Training and Sensitization – Department of
Women & Child Development , GNCTD shall
organise periodic trainings for all concerned
stakeholders involved in the welfare and
protection of orphaned children, including Child
Welfare Committees, District Magistrates,
Juvenile Justice Boards, District Child Protection
Units, Police, District Legal Service Authorities,
Child Care Institutions, Probation Officers etc. to
enhance their knowledge in respect of the
concerned laws, procedures and guidelines.
Furthermore, these stakeholders shall be
sensitised to their specific roles to ensure the
protection of orphaned children’s property(ies)
rights.

3.9. Role of Guardianship Courts (Proposed
Guidelines)

1. Apart from the above guidelines, it is submitted
that this Hon’ble Court also ought to lay down
guidelines to be followed by the concerned
Guardianship Courts to ensure that the attitude of
the Court in dealing with such issues reflects the
seriousness and gravity of the situation.

2. In this regard, the Court may consider laying
down the following guidelines:

A. Upon receipt of an application under S. I
0, Guardians & Wards Act. 1890, the
concerned Court must at the first instance
direct steps to be taken to secure the

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property in question.

B. Even where there is no application under
S. 12, the Court concerned ought to examine
whether there is any threat to the property in
question.

C. The appointment of guardian must
ordinarily be completed within a period or 4
weeks from the date or receipt of’ the
application under s. 10.

D. The Court should avoid unnecessary
adjournments, and in no case shall adjourn
matters by more than 1 week at a time.

E. The concerned District Judge should
endeavour to prepare a biannual report of
the compliance with these guidelines, which
ought to be further shared with this Hon’ble
Court to compliance. ensure

F. Any non-compliance with the aforesaid
guidelines should reflect in the service
record of the concerned judicial officer.”

15. The guidelines as framed by the CWC have been considered. The
State is directed to frame the guidelines to be followed by the concerned
authorities.

16. Arguments have also been advanced regarding the manner in which
these cases are being dealt with by Courts. The case of children who are
helpless victims of circumstances must be dealt with compassion and a
sympathetic attitude and approach must be adopted by the Courts. Courts are
zealous guardians for the protection of the properties of minors and efforts

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must be made to ensure that the properties are immediately secured so that
they are not frittered by unscrupulous relatives who like vultures want to
prey on the meagre belongings that have been left behind for them on which
only they have the rights. Suggestions have been given by Ms. Tara Narula,
learned Counsel for the Petitioners, on this aspect which have been
considered by this Court. In the opinion of this Court, the following
directions need to be issued to Courts considering the applications for
guardianship and for protection of the properties of the children:

a. The Application filed by the District Magistrate for
guardianship over a minor child’s property should be placed
before the Family Court which is already dealing with the
application of guardianship of the child to avoid conflicting
directions and speedy disposal of application.

b. Interim orders necessary to protect the property of the
child be passed expeditiously, preferably within a period of four
weeks from the date of application filed in compliance of
Section 12 of the GAW Act.

c. The concerned Family Courts should adopt a child-
centric approach. A separate counsel on behalf of the child be
appointed to ensure that the views of the child are duly
considered.

d. The Family Court must keep the case pending till the
child attains the age of majority. The guardian should be asked
to submit yearly accounts to the concerned family court and the

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family court should also oversee the accounts and statements as
filed by the guardian.

e. In case the child is eligible for adoption in accordance
with the JJ Act, 2015 and the Adoption Regulation 2022, the
pendency of an Application for protecting the child’s property
may not be in any way be allowed to hinder the process of
adoption.

f. Where there are two or more siblings, the State would
protect the interest of the minor sibling(s) and defend and
institute any and all claims, suits on their behalf. In cases where
there are legal heirs other than the orphaned child, the District
Magistrate shall duly protect the interest of the child(ren) by
contesting and instituting such proceedings as may be
applicable under the applicable guardianship laws, personal
laws and civil procedure.

17. Courts are directed to ensure that the directions are scrupulously
followed. Registry is directed to circulate this Order to all the concerned
Courts.

18. This Court records its appreciation for the assistance rendered by Mr.
Dayan Krishnan, learned Senior Counsel and Ms. Tara Narula, learned
Counsel, who have helped this Court in framing guidelines. This Court also
records its appreciation for the efforts taken by Ms. Mehak Nakra, learned
ASC for GNCTD who has helped in framing the guidelines and ensuring

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proper co-ordination between the Amicus Curiae and the Departments of
State.

19. Let a copy of this Judgment be circulated to all the concerned courts.

20. With these observations, the Petitions are disposed of along with the
pending applications, if any.

SUBRAMONIUM PRASAD, J
APRIL 02, 2025
Rahul

Signature Not Verified
Digitally Signed W.P.(C) 14361/2023 & W.P.(C) 14393/2023 Page 37 of 37
By:RAHUL SINGH
Signing Date:04.04.2025
17:21:34

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