High CourtsSingle Bench(2023) 03 MP CK 0046

Dataram Sharma vs State Of Madhya Pradesh And Others

Madhya Pradesh High Court · Decided on 13 March 2023

HON’BLE JUDGES
Anand Pathak, J
CASE NUMBER
Writ Petition No. 5649 Of 2023

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Judgment

6 paragraphs · 171 words

Anand Pathak, J

Heard on admission.

The petitioner is aggrieved by the order dated 08.02.2023 (Annexure P/1) passed by the Registrar (Birth and Death), Municipal Corporation, Gwalior whereby the application of the petitioner has been rejected.

It is the submission of learned counsel for the petitioner that his brother - Rajkumar Sharma died on 12.04.2021 and the respondent No.4 obtained death certificate by placing forged/fabricated document and tried to get advantage of death certificate to mutate some property of deceased brother of the petitioner at Maharashtra. He fairly submits that as per Section 15 of the Registration of Births and Deaths Act, 1969 and Rule 11 of the M.P. Registration of Births and Death Rules, 1999, the appeal is provided but looking to the fact that application by R-4 itself was not-maintainable, therefore, this petition has been preferred.

Issue notice to the respondents on payment of process fee through Registered A.D mode within a period of seven working days, returnable within four weeks.

List the case in the week commencing 17.04.2023.