Court No. - 39
Case :- WRIT - C No. - 8544 of 2021 Petitioner :- Smt. Shaqeela Begam Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Anwar Hussain Counsel for Respondent :- C.S.C.,Manoj Kumar Mishra
Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Mrs. Sadhna Rani (Thakur),J.
The present petition is directed against the order dated 21.2.2018 passed by the Upper Nagar Ayukt/Birth Death Registrar, Nagar Nigam, Firozabad.
A perusal of the order impugned indicates that the second death certificate issued by the Nagar Nigam Firozabad on the application moved by the petitioner, has been cancelled on the ground that the death had already been registered on an application dated 10.3.2011 and the certificate dated 14.3.2011 had been issued from the office of the Nagar Nigam.
There is no challenge to the said averments in the order impugned.
Only submission of the learned counsel for the petitioner is that the first death certificate had not been issued on the application moved by the petitioner and the said fact recorded in the order impugned is incorrect. It is then submitted that there is a mistake in the first certificate and the second certificate had been issued on the correct information given by the petitioner. Lastly, it is contended that no opportunity of hearing has been granted to the petitioner before passing the order of cancellation.
Sri Manoj Kumar Mishra learned counsel appearing for the Nagar Nigam Firozabad submits that for any mistake in the death certificate issued by the Nagar Nigam, it is open for the petitioner to get the correction by moving a proper application under Rule 11 of the Uttar Pradesh Registration of Births and Deaths Rules, 2002'.
Dealing with the said submissions of the learned counsel for the petitioner, suffice it to note that in the presence of a death certificate issued prior in point of time,, the second death certificate could not have been issued from the office of the Nagar Nigam. However, in case of any mistake, it was open for the petitioner to seek correction by moving a proper application alongwith the affidavit.
Even otherwise, in absence of any dispute regarding the facts recorded in the order impugned that two deaths certificates had been issued we do not find it a good case to interfere.
It is still open for the petitioner to seek correction by invoking the provisions under Section 11 of the Uttar Pradesh Registration of Births and Deaths Rules, 2002'.
The writ petition is, accordingly, disposed of. Order Date :- 30.7.2021 Harshita Digitally signed by Justice Sunita Agarwal Date: 2021.07.30 19:41:26 IST Reason: Document Owner Location: High Court of Judicature at Allahabad Digitally signed by Sadhna Rani Thakur Date: 2021.07.30 19:41:40 IST Reason: Document Owner Location: High Court of Judicature at Allahabad