SCA/498/2008 1/4 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 498 of 2008 For Approval and Signature: HONOURABLE MR.JUSTICE C.K.BUCH ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ========================================================= YOGESHBHAI NANDLAL PANDYA - Petitioner(s) Versus THE STATE OF GUJARAT & 2 - Respondent(s) ========================================================= Appearance : MR HARISH J SONI for Petitioner(s) : 1, MS DS PANDIT, ASSTT.GOVERNMENT PLEADER for Respondent(s) : 1, None for Respondent(s) : 2 - 3. ========================================================= CORAM : HONOURABLE MR.JUSTICE C.K.BUCH Date : 01/02/2008 ORAL JUDGMENT 1. Heard Mr.Harish J. Soni, learned counsel for the petitioner. 2. Rule. Ms.D.S.Pandit, learned AGP waives service of Rule on behalf of the respondents. SCA/498/2008 2/4 JUDGMENT 3. With the consent of the parties, the matter is taken up for final hearing today. 4. Ms.Pandit has received instructions from Village Secretary [Talati cum Mantri], who confirms that as such there are no registers for registration of death for the years 1969, 1970 and 1971. On proper verification, earlier, the Taluka Development Officer has issued necessary certificate. 5. According to Mr. Harish J. Soni, the certificate issued by Taluka Development Officer is at Annexure:E to the petition. 6. The petitioner has prayed that this Court may issue appropriate writ, order or direction to the effect that the competent authority should register the death of Leelaben Nandlal Pandya, the mother of the petitioner in the register of death at village Aluva, Taluka-Kalol, District:Gandhinagar. It is contended that the mother of the petitioner has expired on 25.6.1970. In compliance with the earlier order passed by this Court on 18th January, 2008, the petitioner has produced one additional affidavit in support of the petitioner. The said additional affidavit is affirmed by one Pandya Prahladbhai Manilal, aged about 77 years and resident of the said village Aluva where mother of the petitioner had expired on 25th June, 1970. According to this Prahladbhai Manilal Pandya, mother of the petitioner had expired on 25th June, 1970 and he himself, being close relative, SCA/498/2008 3/4 JUDGMENT had participated in the after death ceremony including the cremation of the mother of the petitioner. He has claimed that he is cousin brother of Leelaben, mother of the petitioner. Annexure:C to the petition clearly shows that village Panchayat does not have register of the year 1970 and therefore, it would not be possible for Panchayat to issue any certificate. In such situation, there is no scope to order inquiry under Section 14 or 15 of the Birth and Death Registration Act and the rules framed thereunder. The only relief that can be granted to the petitioner would be by issuance of a writ in exercise of powers vested in the Court under Article 226 of the Constitution of India. 7. In above view of the matter, the petition is allowed. The respondents are directed to reconstruct and prepare register of death of village Aluva, Taluka-Kalol, District- Gandhinagar and shall register death of mother of the petitioner as on 25.6.1970. After putting appropriate entry in the register of death of the date of 25th June, 1970, the authorities shall issue death certificate to the petitioner certifying that the deceased Leelaben had expired on 25.6.1970 at village Aluva, Taluka- Kalol, District:Gandhinagar. 8. Order and direction accordingly. Rule is made absolute in the above terms. No order as to costs. 9. Before parting, it is required to be observed SCA/498/2008 4/4 JUDGMENT that the competent authority and senior officers, including Taluka Development Officer should try to reconstruct all such important and sensitive registers, if they are not available, which are required to be maintained by the local self-government, that is, Panchayats or Municipalities, otherwise, this may result into serious prejudice to number of persons who have expired or their surviving heirs. It is expected that the District Development Officer would issue appropriate direction to all village Panchayats in this behalf. Copy of this order may be given to learned AGP so that with the help of the Legal Department, the copy can be sent to all the District Development Officers of the State of Gujarat if the State so desires. [C.K. BUCH, J.] pirzada/-