Nandram vs State Of U.P. And 3 Others
2015 Latest Caselaw 2476 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 10
 

 
Case :- WRIT - C No. - 53719 of 2015
 

 
Petitioner :- Nandram
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- G.S. Chauhan,Ajay Bhanot
 
Counsel for Respondent :- C.S.C.,N.N. Mishra
 

 
Hon'ble Arun Tandon,J.

Hon'ble Ashwani Kumar Mishra,J.

Heard learned counsel for the parties.

From the record of the present writ petition, we find that the death certificate has been obtained by the petitioner who is the son of Late Mangal, R/o-3712, Lahergird,  District Jhansi on 19.9.2014. According to the petitioner, the death has occurred on 24.2.1985 i.e. 20 years prior to the issuance of the certificate. Serious complaint has been received in the matter of issuance of correct death certificate. The Registrar (Birth-Death), Nagar Nigam, Jhansi has cancelled the death certificate after recording that on the date of death of Mangal, he was not the resident of area within the territorial limits of Nagar Nigam, Jhansi and, therefore, the issuance of death certificate is uncalled for. Serious issue with regard to the exact date of death of Mangal otherwise arise.

We are of the considered opinion that with regard to the serious issue regarding the date of death of Mangal, the petitioner may file a suit where all such factual issues can be resolved by entertaining oral and documentary evidence. Writ is not the proper remedy.

The writ  petition is accordingly dismissed.

Order Date :- 18.9.2015

Ashish Pd.