Robson Criyado vs State Of U.P. Thru Secy. And Others
2013 Latest Caselaw 6947 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 10
 

 
Case :- WRIT - C No. - 4894 of 2013
 

 
Petitioner :- Robson Criyado
 
Respondent :- State Of U.P. Thru Secy. And Others
 
Counsel for Petitioner :- S.K. Chaturvedi
 
Counsel for Respondent :- C.S.C.,Amit Kumar Singh,Anurag Mishra,Sanjay Kumar Tripathi
 

 
Hon'ble Arun Tandon,J.

Hon'ble Anjani Kumar Mishra,J.

The petitioner before this Court had obtained two death certificates, certificate No. 919036 in respect of Stanials Joseph Criyado S/o Joseph Criyado and death certificate No. 919307 in respect of Aloviswar Brando Criyado son of Sri Brando Criyado some time in the year 2011 wherein it was certified that the aforesaid two persons has expired on 21.4.1990 and 2.2.1990 meaning thereby the certificates were obtained after 21 years of the death of the aforesaid two persons.  The death certificates were obtained on the basis of the documents issued by the priest of the graveyard.  Subsequently on a complaint,  an enquiry was made from the priest of the graveyard who had  issued the certificates and it has been reported that the certificates of the priest were forged. Accordingly the death certificates issued earlier have been cancelled.   An attempt was made on behalf of the petitioner to the dispute  the correctness of the  order so passed on the ground that he had not relied upon any certificate of the priest of the graveyard for the purposes of obtaining the death certificates and the death certificates in fact were obtained  only on the basis of an affidavit.  This Court fails to see as to how the death certificate can be issued after 21 years of alleged death of persons merely on an affidavit.  In any view of the matter, since under the order impugned  findings of the fact has been recorded qua the said death certificate that it is based on forged certificates, we see no good ground to entertain this petition against the order so passed, specifically in the circumstances that one of the persons qua  whom the death certificate has been obtained is stated to be alive even today.  Pure issues of the fact are involved.

The writ petition is dismissed.

Order Date :- 11.11.2013

Priyanka