Yunus Vajirbhai Attar Vs the State of Maharashtra and Others — Bombay HC (2025) — LawSathi Research

Yunus Vajirbhai Attar Vs the State of Maharashtra and Others — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Dismissed as withdrawn with liberty to approach the Judicial Magistrate First Class for recalling of the order dated 29.11.2016 or to approach the Registrar under Section 15 of the Registration of Births and Deaths Act, 1969; all issues about maintainability kept open; time consumed before this Court to be good ground under Section 14 of the Limitation Act.

Issue for consideration

Legality of the order dated 29.11.2016 passed by the learned Judicial Magistrate First Class, Shevgaon, Dist. Ahmednagar in Criminal Misc. Application No.105 of 2015 directing Grampanchayat Bodhegaon to make an entry of death of Mariyanbi Dagadu Attar showing her date of death as 16.09.1958, against which the Petitioner is aggrieved. +1 more

Court's answer

The Criminal Writ Petition is dismissed as withdrawn with liberty as prayed for, i.e., liberty to approach the Judicial Magistrate First Class for recalling of the order or to approach the Registrar under Section 15 of the Registration of Births and Deaths Act, 1969.

Ratio / Principle

All the issues about maintainability are kept open.

Key takeaways

The time consumed before this Court shall be the good ground under Section 14 of the Limitation Act.ratio¶¶26

Detailed headnote1 paragraphs

Bombay High Court, Aurangabad Bench (Y. G. Khobragade, J.), dismissed as withdrawn a Criminal Writ Petition challenging the order dated 29.11.2016 of the learned Judicial Magistrate First Class, Shevgaon, Dist. Ahmednagar, in Criminal Misc. Application No.105 of 2015, whereby the Magistrate directed Grampanchayat Bodhegaon to make an entry of death of Mariyanbi Dagadu Attar in the birth and death register showing her date of death as 16.09.1958. Recalling its earlier order in Criminal Writ Petition No.3558 of 2018 (paras 13-14), under which all issues were kept open to be agitated before the Registrar under Section 15 of the Registration of Births and Deaths Act, 1969, with a liberal approach to condonation of delay and no opinion on merits, the Court, having shown disinclination to entertain the petition, permitted withdrawal with liberty to approach the Judicial Magistrate First Class for recalling of the order or the Registrar under Section 15. All issues about maintainability were kept open, and the time consumed before the Court was held to be a good ground under Section 14 of the Limitation Act.

905WP1154-22.odt

2025:BHC-AUG:5538

IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD

905 CRIMINAL WRIT PETITION NO. 1154 OF 2022

YUNUS VAJIRBHAI ATTAR

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS

Mr. Khan Mohsin Khan Masood, Advocate for the Petitioner Mr. K. K. Naik, APP for the Respondent Nos.1 to 3-State Mr. K. N. Shermale, Advocate for the Respondent No.4

CORAM : Y. G. KHOBRAGADE, J.

DATE : 26.02.2025

PER COURT :-

Heard both sides at length for a considerable period.

By the present Petition, the Petitioner is aggrieved by the

order dated 29.11.2016 passed by the learned Judicial Magistrate First Class, Shevgaon Dist. Ahmednagar in Criminal Misc. Application No.105 of 2015, whereby the learned Judicial Magistrate directed Grampanchayat Bodhegaon Tq. Shevgaon, Dist. Ahmednagar to make an entry of death of Mariyanbi Dagadu Attar in birth and death register by showing her date of death as 16.09.1958.

In Criminal Writ Petition No.3558 of 2018 in Paragraph

Nos. 13 and 14 this Court held as under:

“13. However, in case the Petitioner has locus to challenge the order of issuance of certificate in favour of Respondent No.1 by the learned Judicial Magistrate under Section 13(3) of the said Act, the

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Petitioner can approach the Registrar under Section 15 of the said Act. In case, the Petitioner is advised to approach the Registrar under Section 15 of the said Act, and the Petitioner files proceeding before the Registrar, and in case there is delay, and if prayer for condonation of delay is made, the Registrar shall keep in view that the Petitioner was prosecuting the present writ petition with bonafide belief that same is maintainable. The Registrar shall take liberal approach while considering the prayer for condonation of delay.

Needless to say that, all the issues/questions/aspects are kept open to be agitated by the parties before the Registrar, in case of challenge to the order under Section 13(3) passed by the Judicial Magistrate thereby issuing certificate in favour of Respondent No.1. This Court has not expressed any opinion on merits, and it is for the Registrar to take appropriate decision in accordance with law.”

Therefore, when this Court shown disinclination to

entertain the Petition, on instructions, the learned counsel for the Petitioner craves leave to withdraw the Petition with liberty to approach before the Judicial Magistrate First Class for recalling of the order OR to approach before the Registrar under Section 15 of the Registration of Births and Deaths Act, 1969.

In view of above, the Criminal Writ Petition is dismissed as withdrawn with liberty as prayed for.

All the issues about maintainability are kept open. So also, the time consumed before this Court shall be the good ground under Section 14 of the Limitation Act.

[ Y. G. KHOBRAGADE, J. ]

HRJadhav

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