VINAY KUMAR SHARMA Vs. STATE OF U.P.

JUDGEMENT

(1.) The present writ petition has been filed by the petitioner for issuance of a direction to the District Magistrate, Bijnor to consider the application of the petitioner to issue a certificate in his favour pertaining to guardianship of his mentally and physically disabled brother namely, Sandeep Kumar Sharma.

(2.) Heard learned counsel for the petitioner and learned Standing Counsel for the respondents.

(3.) The counsel for the petitioner contends that the father of the petitioner, Late Ramesh Prasad Sharma had three sons, namely, Sandeep Kumar Sharma, Vinay Kumar Sharma and Ankit Kumar Sharma. It is further submitted that Shri Sandeep Kumar Sharma (brother of the petitioner) is 90% physically as well as mentally disabled and is aged about 37 years. In this regard, the counsel for the petitioner has also drawn attention to the disability certificate (Annexure 1 to this writ petition) issued by the Chief Medical Officer, Bijnor indicating that Sri Sandeep Kumar Sharma (brother of the petitioner) is mentally retarded. It is further contended by the petitioner that during the lifetime of the parents of the petitioner, Sri Sandeep Kumar Sharma was being looked after by the parents and after the death of the parents, no person has been appointed as the guardian of Sri Sandeep Kumar Sharma. It is the submission of the counsel for the petitioner that both the parents of Sri Sandeep Kumar Sharma has already expired. It has been specifically pointed out that the father of Sri Sandeep Kumar Sharma died on 8/10/2008 and mother died on 6/3/2001.