Bulbul D/O. Ajay Gajbhiye v. The Registrar, Birth And Death Department, Nagpur Municipal Corp., Nagpur And ORS.
2024:BHC-NAG:13667-DB 919-WP-6847-24.odt 1/2
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO.6847 OF 2024 Bulbul d/o Ajay Gajbhiye, Bhagwan Nagar Nagpur -vsThe Registrar, Birth and Death Department, Civil Lines, Nagpur and ors. ------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.
or directions and the Registrar's orders.
------------------------------------------------------------------------------------------------------------------------------------ Shri K. U. Fule, Advocate for petitioner.
Shri N. S. Rao, Assistant Government Pleader for respondent No.2. CORAM : NITIN W. SAMBRE AND MRS VRUSHALI V. JOSHI, JJ. DATE : December 13, 2024 P. C.
1.
Leave to amend the cause title so as to delete the name of respondent No.3. Instead, Dean, Government Medical College and Hospital, Nagpur be added as respondent No.3 and Deputy Commissioner of Police, Zone-4, Nagpur be added as party respondent No.4. Amendment be carried out forthwith.
2.
Considering the short issue involved, the petition is taken up for final disposal.
Shri N. S. Rao, learned Assistant Government Pleader waives service of notice for respondent Nos.2, 3 and 4. Service on respondent No.1 is dispensed with.
4.
Heard the counsel for the parties.
The mother of the petitioner viz. Nirupala died on 01/01/2023. It is claimed that in the police record so also in PM report instead of mentioning the correct name as Nirupala wife of Ajay Gajbhiye, it was wrongly mentioned as Nirupala Sunil Sharma. It is claimed that in the death information recorded under Section 174 of the Criminal Procedure Code by the Police authority and in the PM report, the very same incorrect name is reflected although on the Aadhar card, PAN card and Death certificate, the name is
919-WP-6847-24.odt 2/2 mentioned as Nirupala Ajay Gajbhiye. As such it is prayed that directions be issued to respondent Nos.2 and 3 to cause appropriate corrections. A support is drawn from Single Bench order of Gujarat High Court at Ahmedabad in R/ Special Civil Application No.23369 of 2022 (Radhakrishnana Menon vs. The Registrar) decided on 27/10/2023.
5.
It is claimed that since there is a mismatch about the name of the mother in police record and PM report, the petitioner's prayer for encashment of claim is not being processed.
6.
We have perused the pleadings and the documents which are placed on record. It appears that the petitioner has neither made any written representation to the respondent No.2 nor to respondent No.3 viz. Dean, Government Medical College and Hospital, Nagpur in that regard. 7.
In this backdrop we deem it appropriate to permit the petitioner to move before the Deputy Commissioner of Police, Zone-4, Nagpur so also the Dean, Government Medical College and Hospital, Nagpur with a prayer for correction in the record as mentioned herein above along with supporting documents.
8.
If the petitioner makes such representation, same shall be decided expeditiously and in any case within a period of six weeks from the date of receipt of such representation by the concerned Authorities. 9.
With aforesaid directions, the writ petition is disposed of accordingly. No costs.
(Mrs Vrushali V. Joshi, J.) (Nitin W. Sambre, J.) Asmita