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Bombay High CourtWP/1672/2025disposed off

Peter Agnelo Pereira Through Poa Mrs. Rovina Maria Rodrigues v. Municipal Corporation Of Greater Mumbai

2025-11-26Hon'Ble Shri Justice Sandesh Dadasaheb Patil , Hon'Ble Justice Revati Mohite Dere3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1672 OF 2025 Mrs. Rovina Maria Rodrigues @Pereira, POA of Mr. Peter Agnelo Peirera Age : 55 Years, Occupation : Service, Residing at House No.184/3, Patnimorod Chinchinim-Goa-403 715 ... Petitioner V/s.

Municipal Corporation of Greater Mumbai a statutory body through 'A' Ward Office, Fort, Near Reserve Bank of India, Fort, Mumbai-400 001.

... Respondent ------ Mr. Cesar Pereira for the Petitioner.

Mr. Santosh Parad for Respondent-MCGM.

Dr. Praful Yadav, Medical Officer-Health of 'A' Ward, present. ------ CORAM : REVATI MOHITE DERE & SANDESH D. PATIL, JJ.

DATE : 26th NOVEMBER 2025 P.C.

1) Although the Petition was disposed of vide Order dated 8th October 2025, the same is kept today for recording compliance of the same.

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2) Learned Counsel for the Petitioner informs that without verifying the documents, the concerned Medical Officer, i.e. Dr. Praful Yadav, SubRegistrar, Birth and Death, 'A' Ward of the MCGM, has rejected the Petitioner's Application. We had called Mr. Yadav to Court. He does not dispute the fact, that he has not verified the documents. 3) Despite directions, the Officer has not done verification and rejected the Petitioner's Application on 27th October 2025. We have perused the Order. The Order, on the face of it, is unsustainable and shows no application of mind of whatsoever nature by the Officer.

4) When confronted, learned Counsel for the Respondent-MCGM, on instructions of Mr Yadav, who is present in Court, agrees and states that Order dated 27th October 2025, is not in a compliance with the directions given by this Court on 8th October 2025. Hence, the Order dated 27th October 2025 is set aside. Mr. Yadav, states that he will decide the Application afresh uninfluenced by the earlier Order dated 27th October, 2025. He further states that the documents will be verified at the earliest and within two weeks, an appropriate Order will be passed. Statement accepted.

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5) Stand over to 15th December 2025 at 03.00 p.m. (SANDESH D. PATIL, J.) (REVATI MOHITE DERE, J.) 3/3 RAJESH VASANT CHITTEWAN RAJESH VASANT CHITTEWAN Date: 2025.12.02 14:35:19 +0530