Disposed

Basanti Kumari Sethi v. State of Odisha

Orissa HC13 Sept 2024WP(C)/21674/2024

Case brief

AI extract

What is this about?

This is a writ petition challenging inaction of the Registrar regarding cancellation of a death certificate. The court disposed of the petition at the admission stage, directing the authority to decide the petitioner's application under Section 15 within six weeks.

What did the court decide?

The petitioner shall supply the writ petition to the opposite party and the authority must decide the application under Section 15 of the Act within six weeks.

Basanti Kumari Sethi Vs State of Odisha — Writ and Judicial Review | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C). No.21674 of 2024

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Basanti Kumar Sethi

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Petitioner

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Mr. S.J. Mohanty, Adv.

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-versus-

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State of Odisha and others …. Opposite Parties

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Mr. B. Panigrahi, ASC

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CORAM: JUSTICE SANJAY KUMAR MISHRA

ORDER

13.09.2024

Order No.

01.

This matter is taken up through hybrid mode.

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2. The limited grievance of the Petitioner is inaction of the Opposite Party No.2 (The Registrar, Births & DeathsCum- Health Officer, Bhubaneswar Municipal Corporation, Bhubaneswar) to act on its Petition/Representation dated 26.02.2024 for cancellation of death certificate of late Kirtan Behera, son of Late Bisi Behera.

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3. The learned Counsel for the Petitioner submits, though in terms of section 15 of the Registration of Births and Deaths Act, 1969, the Petitioner preferred an application before the Opposite Party No.2 for cancellation of the death certificate bearing registration No.9917/2023 dated 04.10.2023, issued by the Opposite Party No.2, on the ground that the same has been obtained fraudulently, but the authority concerned is sleeping over the matter since February, 2024 and till date no order has been passed on such application.

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4. Accordingly, a prayer has been made to direct the authority concerned to deal with and dispose of said complaint/grievance of the Petitioner within a stipulated time frame.

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5. In view of the innocuous prayer made in the Writ Petition, without expressing any opinion on merit, the Writ Petition stands disposed of at the stage of admission directing the Opposite Party No.2 (The Registrar, Births & Deaths-Cum- Health Officer, Bhubaneswar Municipal Corporation, Bhubaneswar) to deal with and dispose of the Petition of the Petitioner in terms of section 15 of the Registration of Births and Deaths Act, 1969, within a period of six weeks’ from the date of production of the certified copy of this order.

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6. It is made clear that the Petitioner shall supply a copy of the Writ Petition with annexures along with the certified copy of this order to the Opposite Party No.2 (The Registrar, Births & Deaths-CumHealth Officer, Bhubaneswar Municipal Corporation, Bhubaneswar) enabling him to act in terms of the observation made above, giving due opportunity of hearing to both the Petitioner so also Opposite Party No.5 namely, Panchei Dei.

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7. Urgent certified copy of this order be granted on proper application as per rules.

(S. K. Mishra)

Kanhu

Judge

Signature Not Verified

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Page 2 of 2

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Digitally Signed Signed by: KANHU BEHERA Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack. Date: 14-Sep-2024 16:02:38

Basanti Kumari Sethi v. State of Odisha

Case brief

What is this about?

What did the court decide?

Basanti Kumari Sethi v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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