Dnyaneshwar Krushnaji Ingle vs Secretary Grampanchayat Paunar ...
2022 Latest Caselaw 2179 Bom

                                                                                               (1)                                                 33.wp.93.2022

                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                        NAGPUR BENCH : NAGPUR

                                        CRIMINAL WRIT PETITION NO.93 OF 2022

                                         Dnyaneshwar Krushnaji Ingle
                                                     Vs.
                            Secretary Grampanchayat Paunar Tah and District Wardha
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Office Notes, Office Memoranda of Coram,                                                                       Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
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             Mr. A. M. Kukday, Advocate for petitioner.



                                                                             CORAM :                     AVINASH G. GHAROTE, J.

                                                                             DATE  :                     03/03/2022

                                                                             Mr.           Kukday,                learned                counsel               for          the

petitioner submits, that under the provisions of Section 13 of the Registration of Births and Deaths Act 1969, the Magistrate by virtue of the powers under sub-section (3) of Section 13 would be empowered to direct the registration of date of birth of any person, even prior to the coming into force of the Act of 1969. The judgment dated 25.11.2021, passed by the learned Magistrate rejecting the application in this regard, is therefore incorrect. On a query being put as to whether there is any provision in the Act of 1969, permitting the Magistrate to record the date of birth of any person prior to come into force of the said Act under Section 13(3) since the power conferred upon the Magistrate only indicates the power to direct the registration of the birth or death which has not been registered within one year of its occurrence, in relation his duty as contemplated by Section 8 and an entry in the register maintained under (2) 33.wp.93.2022

Section 16(1) of the Act of 1969, Learned counsel for the petitioner seeks time to address the Court on this issue.

List the matter on 7.3.2022.

JUDGE Sarkate

Digitally signed byANANT R SARKATE Signing Date:04.03.2022 17:52