Janardhan Vithalrao Patil And Others v. The State Of Maharashtra And Others

WP 4007/16 - 1 -

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.4007/2016 Janardhan Vithalrao Patil & others.

...Petitioners..

Versus

The State of Maharashtra & others.

...Respondents...

.....

Shri G.D. Kale, Advocate for petitioners.

Shri S.S. Dande, AGP for respondent no.1.

Respondent no.2 served.

Shri P.G. Rodge, Advocate for respondent no.3. .....

CORAM: R.M. BORDE & K.L. WADANE, JJ.

DATE: 08.07.2016 ORDER :

1] Correction made in the register maintained under the Registration of Births and Deaths Act, 1969 and the certificate issued on the basis of such a correction is a matter of challenge in the instant petition.

2] It is not a matter of dispute that there is some civil litigation pending between the parties wherein the certificate issued by the authorities is being used against the petitioner.

WP 4007/16 - 2 - 3] Without going into the question of locus of the petitioner to challenge the certificate in the instant petition, we deem it appropriate not to cause any interference in the matter since the other remedies have been availed of by the parties. It would be open for the petitioner to raise challenge to the validity, correctness and genuineness of the certificate as well as competence of the authority to issue such a certificate before the civil Court wherein the same is allegedly being used against the petitioner.

4] With liberty as aforesaid, writ petition stands disposed of.

(K.L. WADANE, J.) (R.M. BORDE, J.) ndk/c87166.doc