HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 282 of 2007 (M/S) Talib Husain & another ……… Petitioners Versus State of Uttarakhand & others ……… Respondents None for the petitioners. Mr. K.P. Upadhyay, learned Additional Chief Standing Counsel for the State of Uttarakhand. Mr. D. Barthwal, learned counsel for respondent no. 3. 23rd June, 2009 Hon’ble Sudhanshu Dhulia, J. Both the petitioners are son of Shri Ashiq Ali, R/o Mohalla Pathanan, Ware No. 5, Landharura Town, District Haridwar. They have filed this writ petition praying a writ of Certiorari for quashing the certificate dated 15.12.2006 passed by respondent no. 3 i.e. the Registrar/ Executive Officer, Town Committee Landhaura Town, District Haridwar. The petitioners claim to be legal heirs of one Saukat Ali who was alleged to be their uncle and was living with the petitioners in their joint family. According to the petitioners, Shri Saukat Ali died on 16.8.2006 and consequently they obtained a death certificate pertaining to death of late Saukat Ali on 17.11.2006 showing the death of Saukat Ali on 16.8.2006 Consequently thereafter, another death certificate was issued on 15.12.2006 in which the date of death of late Saukat Ali was mentioned as 16.10.2006. It is this certificate which is presently under challenge before this Court. However, what lies behind all this is a property dispute which late Saukat Ali had given by way of a sale deed to another person between 16.8.2006 to 16.10.2006 (the two dates of two death certificates). It is clear that one of the two death certificates has been obtained by misrepresentation and fraud by way of filing false documents. In the counter affidavit, respondents have stated that the first certificate was issued by misrepresentation and fraud. To remove all doubts, this Court vide order dated 9.4.2009, directed the District Magistrate, Haridwar was directed to conduct an inquiry and find the exact date of death of late Saukat Ali. The District Magistrate, Haridwar after enquiry had submitted a report (which is a part of record) that late Saukat Ali died on 16.10.2006 and the petitioners obtained the earlier death certificate dated 17.11.2006 by way of misrepresentation and fraud. In fact, in its order dated 28.4.2009, the District Magistrate, Haridwar has categorically held that the proceedings which were initiated by the Executive Officer, Town Committee Landhaura Town for canceling the earlier death certificate were perfectly in order and as the death certificate dated 17.11.2006 was obtained by filing wrong affidavits and by submitting wrong facts, therefore, he has also directed the Executive Officer, Town Committee Landhaura Town that an F.I.R. should be lodged against the petitioners. On the basis of aforesaid facts, writ petition filed by the petitioners for quashing the order dated 15.12.2006 is liable to be dismissed. It is also directed that the District Magistrate shall comply with his orders as expeditiously as possible and the criminal proceedings against the petitioners must be initiated forthwith. With these directions, writ petition is dismissed. No order as to costs. The learned Additional Chief Standing Counsel Mr. K.P. Upadhyay undertakes to inform the concerned District Magistrate about this order. (Sudhanshu Dhulia, J.) 23.6.2009 Avneet