Indu Gupta @ Indu Devi v. The State Of Bihar and Ors.
Case brief
What is this about?
This High Court Ordinary Original Jurisdiction matter addressed challenges to genealogical certificates issued by executive authorities regarding the petitioner's parentage. The court held that executive officers cannot definitively decide such disputes, declaring both available certificates invalid and directing parties to approach the Civil Court for a final determination of parentage.
What did the court decide?
Declaring neither genealogical certificate is correct; parties must approach the Civil Court for a decision on parentage; writ petitions disposed of.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2055 of 2016
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Indu Gupta @ Indu Devi, wife of Devendra Prasad Gupta, resident of VillageRahmatpur, P.S. Asarganj, District- Munger.
... ... Petitioner/s
Versus
- The State of Bihar through Collector, Munger.
- The Sub Divisional Officer, Tarapur, District- Munger.
- The Circle Officer, Tarapur, District- Munger.
- Shiv Kumar Bhagat, son of Late Abhay Kumar Sinha, Resident of 402, Ashirbad Apartment, Boring Road, Patna.
... ... Respondent/s
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Issues for consideration
3 issues framed by the court
Whether the executive authority can determine parentage or must refer the matter to a Civil Court.
Whether to accept or quash the genealogical certificate issued by the Sub-Divisional Officer.
disposition of the writ petitions challenging a genealogical table order.
Parties & counsel
- petitioner
Indu Gupta @ Indu Devi
- respondent
The State of Bihar through Collector, Munger
- respondent
The Sub Divisional Officer, Tarapur, District- Munger
- respondent
The Circle Officer, Tarapur, District- Munger
- respondent
Shiv Kumar Bhagat
Case details
As recorded by the court registry
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