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High Court of Punjab and HaryanaCWP/31869/2025dismissed

Deep Bala v. The State Of Punjab And Others

2025-11-13Mr. Justice Jagmohan Bansal2 pages

CWP No. 31869-2025 -- 104 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No. 31869-2025 Date of Decision:13.11.2025 Deep Bala ....Petitioner vs.

The State of Punjab and others ....Respondents

CORAM:

HON'BLE MR. JUSTICE JAGMOHAN BANSAL

Present:

Mr. R.K.Girdhar, Advocate for the petitioner Mr. Aman Dhir, DAG, Punjab *** JAGMOHAN BANSAL, J. (ORAL) 1.

On 30.10.2025, the following order was passed by this Court:- "

The petitioner through instant petition under Article 226 of the Constitution of India is seeking setting aside of order dated 27.08.2025 (Annexure P-7) whereby respondent has concluded that her date of birth is 03.11.1967 instead of 03.11.1969.

The petitioner claims that her date of birth is 03.11.1969 whereas respondent pursuant to orders of this Court by impugned order dated 27.08.2025 has held that her date of birth is 03.11.1967. The findings of respondent are based upon letter dated 12.08.2025 received from Vishvakarma Higher Secondary School, Ludhiana.

Learned State counsel submits that petitioner submitted affidavit in 2006 deposing that her date of birth is 03.11.1969.

The petitioner has placed on record birth certificate dated 30.01.2025. The said certificate has been issued by Health and Family Department, PARAMJIT KAUR SAINI 2025.11.30 22:07 I attest to the accuracy and integrity of this document

CWP No. 31869-2025 -- Government of Punjab. Petitioner is claiming that birth certificate is based upon entry made in the Register in 1969.

To resolve the issue, the respondent-State is hereby directed to examine register of Birth and Death maintained by jurisdictional authorities of Health and Family Welfare Department, Ludhiana and ascertain date of entry.

Adjourned to 13.11.2025."

2.

During the course of hearing, learned State counsel produced certificate dated 04.11.2025 issued by Local Registrar, Births & Deaths, M.C., Ludhiana. The same is taken on record. Registry is directed to tag the same at appropriate place.

3.

From the perusal of aforesaid certificate, it cannot be concluded that date of birth of petitioner is 03.11.1969 as claimed by her in the writ petition. It is purely a disputed question of fact. Evidence led by both sides need to be examined. This Court while exercising writ jurisdiction under Articles 226/227 of the Constitution of India cannot decide disputed questions which need to be proved through documentary/oral evidence. 4.

In view of the above, the petition stands disposed of with liberty to the petitioner to avail remedies as permissible by law. (JAGMOHAN BANSAL) JUDGE 13.11.2025 paramjit Whether speaking/reasoned: Yes Whether reportable:

No PARAMJIT KAUR SAINI 2025.11.30 22:07 I attest to the accuracy and integrity of this document