(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. WRIT PETITION NO. 1480 OF 2011 Dinkar s/o. Shankar Tekale, Age : 35 years, Occupation : Agriculture, R/o. Mategaon, Taluka : Georai, District : Beed. .. Petitioner. versus 1. The Additional Divisional Commissioner, Aurangabad Division, Aurangabad, District : Aurangabad. 2. The Additional Collector, Beed, District : Beed. 3. Murlidhar s/o. Janardhan Garad, Age : 40 years, Occupation : Agriculture, R/o. Mategaon, Taluka : Georai, District : Beed. .. Respondents. ....................... Mr. Hanmant V. Patil, Advocate, for the petitioner. Mr. S.V. Kurundkar, Additional Government Pleader, for respondent nos.1 and 2. (2) Mr. D.J. Choudhari, Advocate, for respondent no.3 / caveator. ........................ CORAM : B.P. DHARMADHIKARI, J. DATE : 23RD MARCH 2011 ORAL JUDGMENT : 1. Heard Adv. Mr. H.V. Patil, for the petitioner; learned Addl. G.P. Mr. S.V. Kurundkar, for respondent nos.1 and 2, and Adv. Mr. D.J. Choudhari, for respondent no.3 / caveator. 2. Rule. Rule made returnable forthwith. Heard finally by consent. 3. Short contention of Adv. Mr. Patil is, record of birth and death maintained by the Grampanchayat, under the provisions of Births, Deaths and Marriages Registration Act, 1886, has been disbelieved because the entries therein are found to be not in chronologically order. He invites attention to the records maintained in "Mata Seva Notebook, R-15", relied upon by the Additional Commissioner, to urge that entries therein are also not chronological and there are certain overwritings and (3) erasures. 4. Adv. Mr. D.J. Choudhari attempts to urge that entries in "Mata Seva Notebook, R-15" (at page 54 with reply of respondent no.3) are from the records maintained by the Health Department under the scheme of Government and those entries are rightly accepted. 5. Learned Addl. G.P. Mr. S.V. Kurundkar is also supporting the impugned order. 6. Perusal of page 54, which is accepted by the appellate authority i.e. respondent no.1, reveals that it is a page from a document styled as "Mata Seva Notebook, R-15". Prima facie it appears that the document is having entries of expecting mothers and, therefore, entries are made in advance and the birth is shown later on. If this be the correct position, the sequence of dates of births in the register may not be exactly in the chronological order but then, enrollment of mothers may be in accordance with date thereof in systematic fashion. This aspect is not very clear from the order of respondent no.1. 7. Adv. Mr. H.V. Patil had pointed out on 3rd March 2011, that process to fill in vacancy caused by the removal of (4) petitioner is already undertaken. This court has directed that the same shall be subject to further orders of the court. 8. In this situation, the impugned order will have to be set aside and the matter will have to be remanded to the Additional Commissioner for rendering a fresh decision. Till then, interim order granted by this court can be continued. 9. In the result, the petition is partly allowed. (i) The impugned order dated 20-1-2011, passed by the Additional Divisional Commissioner, Aurangabad, in Case No. DB/Desk-2-ZPVP-Appeal/CR/384/2009, thereby reversing the order dated 27-11-2008 of the Additional Collector, Beed, in Case No. 2008/GB/Desk-2/GPN/CR-18, is quashed and set aside. (ii) The proceedings are restored back to the file of the Additional Divisional Commissioner, Aurangabad, for giving opportunity to the parties to address afresh and thereafter pass fresh orders in the matter, as early as possible and in any case, within a period of two months from the date on which parties appear before him. (5) (iii) Parties are directed to appear before the Additional Divisional Commissioner on 7th April 2011. (iv) It is made clear that as matter pertains to Government records and the observations of this court may have some value as a precedent in future, it is thought better to have clear position in this respect. The Additional Divisional Commissioner shall not be influenced by any observations made by this court and shall record his own finding in accordance with the correct position. (v) The vacancy of petitioner, if filled in, shall be subject to result of this matter. (vi) Rule is made absolute accordingly. No costs. ( B.P. DHARMADHIKARI ) JUDGE ......................... bgp/1480wp