Aakarshak Amarinder Singh v. State Of Haryana And Others

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IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of Decision: 01.11.2021 Aakarshak Amarinder Singh -Petitioner

Versus

State of Haryana and others -Respondents CORAM: HON'BLE MR. JUSTICE RAJ MOHAN SINGH

Present:

Mr. Varun Singh Dhanda, Advocate, for the petitioner.

**** RAJ MOHAN SINGH, J. (Oral) 1.

The case has been taken up for hearing through video conferencing.

2.

Learned counsel for the petitioner contends that mother of the petitioner died on 15.06.2020 at her house in Jind. The death was during COVID-19 and her last rites were performed at village Sangatpura according to Hindu rites and ceremonies. The factum of death could not be reported by the concerned Chowkidar of the village to the competent authority, but the Gram Panchayat vide communication dated 20.06.2020 has verified the factum of death of mother of the petitioner on 15.06.2020. Petitioner also executed an affidavit to this effect.

-2An application was filed for delayed registration of death of mother of the petitioner on 05.03.2021. A representation was also filed by the petitioner before the Registrar on the even date. 3.

Grievance of the petitioner is that relevant entry has not been incorporated in the death register showing date of death of mother of the petitioner and thereafter, death certificate has not been issued to the petitioner even on his asking. 4.

Learned counsel further submits that even an inquiry was undertaken by the competent Authority i.e. The Registrar (Births & Deaths)-cum-Civil Surgeon, District Jind, Haryana wherein factum of death of mother of the petitioner was verified on 10.03.2021 on the basis of testimonies of witnesses and counsellor.

5.

Precisely for the grievance in question, petitioner also got issued legal notice dated 24.09.2021 to the Deputy Commissioner, Jind but the same has not been adverted to till date.

6.

Learned counsel submits that at this stage, petitioner would be satisfied in case legal notice dated 24.09.2021 is ordered to be decided by respondent No.2 within a specified time.

7.

Notice of motion.

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On the asking of the Court, Mr. Ashish Yadav, Addl. A.G., Haryana accepts notice on behalf of State of Haryana. 9.

In view of nature of order which this Court proposes to pass, there is no necessity of calling upon response from the respondents at this stage, as no order prejudicial to the interest of any party is being passed.

10.

This petition is disposed of with a direction to respondent No.3 to decide the legal notice of the petitioner dated 24.09.2021 in accordance with law preferably within a period of one month from the date of receipt of certified copy of this order.

01.11.2021 (RAJ MOHAN SINGH) Jyoti Sharma JUDGE Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No