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Patna High CourtCWJC/8098/2023allowed

Jayram Singh v. The State Of Bihar

2023-11-22Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8098 of 2023 ====================================================== Jayram Singh Son of Late Munni Singh, resident of village - Usari, P.S. - Wazirganj, P.O. - Kearchatty, District - Gaya. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, Planning and Development Department, Govt. of Bihar, Patna. 2.

The Director, Directorate of Economics and Statistics, Planning and Development Department, Govt. of Bihar, Patna. 3.

The Chief Registrar (Birth and Death), Govt. of Bihar, Patna. 4.

The District Magistrate-cum-District Registrar (Birth and Death), Gaya. 5.

The District Statistical Officer-cum-District Sub-Registrar (Birth and Death), District - Gaya.

6.

The Block Development Officer-cum-Additional District Registrar, (Birth and Death), Block - Wazirganj, District - Gaya. 7.

The Gram Panchayat, Raj Kenar, Paharpur Block- Wazirganj, District - Gaya through Panchayat Secretary.

8.

The Mukhiya, Gram Panchayat Raj Kenar, Paharpur, Block - Wazirganj, District - Gaya.

9.

The Panchayat Secretary, Gram Panchayat Raj Kenar, Paharpur, Block - Wazirganj, District- Gaya.

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

For the Petitioner/s :

Mr.Akshansh Ankit For the Respondent/s :

Mr.Vikash Kumar ( Sc 11 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 22-11-2023 Heard the learned counsel for the petitioner and learned counsel for the State.

2. This application has been filed for setting aside the Letter No. 07 dated 11.02.2023 by which the Death Certificate of petitioner's mother has been cancelled by respondent no. 6 without hearing the petitioner and without

Patna High Court CWJC No.8098 of 2023(2) dt.22-11-2023 2/2 issuing any notice.

3. It is an admitted position that the Letter No. 07 dated 11.02.2023 has been issued without issuing notice and without hearing the petitioner and the same is in complete violation of principles of natural justice and is therefore illegal.

4. In view of the above, this application is allowed and the Letter No. 07 dated 11.02.2023 issued by the Panchayat Secretary, Gram Panchayat Raj-Kenar, Paharpur by which the death certificate of the petitioner's mother has been cancelled, is set aside with liberty to the respondents to proceed in accordance with law.

5. With the aforesaid observation and direction, this application is disposed of.

(Sandeep Kumar, J) Shishir/- U