Nand Kishore Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8791 of 2024 ====================================================== Nand Kishore Kumar S/o Late Budh Ram Kumar, Resident of Village and P.O. -Pakari Basarat, P.S.-Sahebganj, District-Muzaffarpur. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

The Registrar General, Birth/Death, Govt. of Bihar, Patna. 3.

The Divisional Commissioner, Tirhut Division, Muzaffarpur. 4.

The District Magistrate, Muzaffarpur, District-Muzaffarpur. 5.

The District Officer cum District Registrar, Birth/Death, Muzaffarpur, District-Muzaffarpur.

6.

The Deputy Development Commissioner, Muzaffarpur, DistrictMuzaffarpur. 7.

The Sub Divisional Officer (West), Muzaffarpur, District-Muzaffarpur. 8.

The District Statistics Officer, Muzaffarpur, District-Muzaffarpur. 9.

The Block Statistics Supervisor, Block-Sahebganj, District-Muzaffarpur. 10.

The Block Development Officer, Block-Sahebganj, District-Muzaffarpur. 11.

Panchayat Secretary Gram Panchayat Raj Pakari Basarat, Block-Sahebganj, District-Muzaffarpur.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shashi Bhushan Singh, Adv.

For the Respondent/s :

Mr.Standing Counsel (6) Mr.Ravish Chandra, AC to SC-6 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 25-07-2024

1. The present writ petition has been filed seeking the following relief(s):- "1.(i) For issuance of an appropriate writ in the nature of Certiorari for quashing the letter No. 5 dated 03.05.2018 issued under the signature of respondent no.11 whereby and whereunder the death certificate of full brother of the petitioner namely Shyam Babu Kunwar, S/o Late Budh Ram

Patna High Court CWJC No.8791 of 2024(2) dt.25-07-2024 2/3 Kunwar, resident of Village+P.O.- Pakari Basarat, P.S.-Sahebganj, district- Muzaffarpur has been cancelled, ignoring the fact that Lok Sikayat Nivaran Officer has no jurisdiction to hear the matter which is pending before competent court of law i.e. learned 1st Class Judicial Magistrate, Muzaffarpur (West) in C 166/16 such matter has been categorised as common negative list in directive of Lok Sikyat Nivaran Adhikar.

(ii) For issuance of an appropriate writ in the nature of Mandamus Commanding and directing the respondents to restore the death certificate issued vide certificate No. 760455 dated 02.02.2015 for all purposes by which date of death of Shyam Babu Kunwar is 25.02.78."

2. At the outset, the learned counsel for the petitioner seeks a direction upon the District Magistrate, Muzaffarpur and the District Officer-cum-District Registrar, Birth/Death, Muzaffarpur, to make an inquiry into the matter and resolve the issue under consideration.

3. Having regard to the limited prayer made by the petitioner in the present case, I deem it fit and proper to direct the District Magistrate, Muzaffarpur and the District Officercum-District Registrar, Birth/Death, Muzaffarpur, to take a final decision with regard to the issue under consideration, within a

Patna High Court CWJC No.8791 of 2024(2) dt.25-07-2024 3/3 period of eight weeks of filing of appropriate representation by the petitioner along with a copy of this order.

4. The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) sonal/- U