1 wp4725.09.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4725 OF 2009 KJ Shri Vinayak Vithal Pagare )....Petitioner Vs. The Tehsildar, Nandgaon & Anr. )....Respondents ---- Mr. Shriram S.Kulkarni for the petitioner. Mr.A.I.Patel AGP for the State. ---- CORAM : MRS.MRIDULA BHATKAR,J DATE : 18.7.2011 PC 1 This petition is filed challenging the order dated 14.1.2009 passed by the learned JMFC, Manmad, Tal-Nandgaon, Dist. Nashik where he has held that the jurisdiction to apply for the delayed registration of birth under the Registration of Births & Deaths Act 1969, vests with the Executive Magistrate. The petitioner has applied to the concerned Magistrate for the registration of his birth 2 wp4725.09.sxw date claiming that his correct date of birth is 17.10.1950, whereas his date of birth as per SSC certificate is 17.2.1949. His date of birth was not registered in the birth register of Manmad Municipal Council and accordingly, they have issued certificate on 16.10.2008 which is marked as Exhibit-A. Therefore, the petitioner has rightly approached JMFC, Manmad under Section 13(3) of the Registration of Births & Deaths Act of 1969 read with provision 10(3) of Rules 1976. 2 learned AGP has filed an affidavit in reply. 3 Learned Magistrate has committed an error in holding that the power vests with the Executive Magistrate and not with him under Section 13(3) of the Act. Therefore, the matter is remanded to JMFC, Manmad, Tal-Nandgaon, Dist. Nashik, to entertain this matter under Section 13(3) of the Act and provision 10(3) of the Rule 1976. Learned Magistrate in the second sentence of his order has recorded that the document was not a sufficient proof for the exact date of birth. Learned Magistrate to decide matter afresh on 3 wp4725.09.sxw merit in accordance with law. In this order, this Court has not given any finding on merits of the case. The matter is remanded only on the point of error of holding that the Magistrate does not have any power under the relevant provisions of the Act. Petition disposed of accordingly. (MRS.MRIDULA BHATKAR,J)