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Himachal Pradesh High Court · body

2014 DIGILAW 853 (HP)

Nain Singh v. State of Himachal Pradesh

2014-07-07

RAJIV SHARMA, SURESHWAR THAKUR

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JUDGMENT Rajiv Sharma, J. 1. On the oral application of Ms. Archna Dutt, learned Advocate, respondent No.3 is ordered to be substituted by the Sub Divisional Magistrate, Paonta Sahib and the Chief Registrar (Births and Deaths) and District Registrar (Births and Deaths), are ordered to be arrayed as respondents No. 5 and 6. 2. Petitioner found a newly born child outside Bhagyani Temple, Haripurdhar, District Hamirpur. He adopted the child. He got published the news in the gazette of Himachal Pradesh on 13.5.2006 for information of public at large that Master Naresh is his son. The petitioner also approached the Executive Magistrate, Shillai seeking direction to the concerned Gram Panchayat to enter name and date of birth of his son in the Panchayat record. The Executive Magistrate passed necessary orders on 11.7.2006. The Gram Panchayat, Shri Kyari, passed a resolution dated 4.1.2009. Petitioner also made representation before the SDO, Paonta Sahib on 6.4.2011. However, fact of the matter is that till date, name of petitioner’s son has not been registered in the Gram Panchayat Shri Kyari. 3. Respondent No.4-Gram Panchayat Shri Kyari filed a detailed reply. Respondent No.4 has sought clarification from the District Registrar (Births and Deaths), District Sirmaur at Nahan whether the name of the petitioner’s son could be registered or not on the basis of the orders passed by the Executive Magistrate, Shillai. The District Registrar (Births and Deaths) informed respondent No.4 vide communication dated 2.8.2006 that the Executive Magistrate, Shillai could not order registration of the birth of the petitioner’s son in the Panchayat record without following the procedure provided under Section 13(3) of the Registration of Births and Deaths Act, 1969 (hereinafter referred to as the Act for the sake of convenience) was required to be followed. 4. The State of Himachal Pradesh has framed the Rules called the Himachal Pradesh Registration of Births and Deaths Rules, 2003 (hereinafter referred to as the Rules for the sake of convenience). These Rules were notified on 31.1.2003. As per Rule 5, the information required to be given to the Registrar under Section 8 or 9 of the Act, as the case may be, is to be in Form Nos. 1, 2 and 3 for the registration of a birth, death and still birth respectively. The information is to be given within 21 days from the date of birth, death and still birth. 5. 1, 2 and 3 for the registration of a birth, death and still birth respectively. The information is to be given within 21 days from the date of birth, death and still birth. 5. Rule 9 reads as under:- 9. Authority for delayed registration and fee – (1) Any birth or death of which information is given to the Registrar after the expiry of the period specified in rule 5, but within thirty days of its occurrence, shall be registered on payment of a late fee of rupee two. (2) Any birth or death of which information is given to the Registrar after thirty days but within one year of its occurrence, shall be registered only with the written permission of the District Registrar, Births and Deaths concerned on payment of late fee of Rs.5/-. (3) For the birth or death events which have not been registered within one year, from its occurrence, the concerned District Registrar of births and deaths after having been satisfied shall send the case to the Chief Registrar (births and deaths) along with his recommendations for transmitting the same to the Magistrate of the First Class for verifying the correctness of the birth or death. Thereupon, the Magistrate of the First Class shall pass an order for registration of such event of birth or death to the concerned Registrar on payment of a late fee of Rs.10/-. 6. It is evident from sub-rule 3 of Rule 9, if the birth and death has not been registered within one year from the occurrence, the concerned District Registrar (births and deaths) after satisfying himself is required to send the case to the Chief Registrar (Births and Deaths) along with his recommendations. Thereafter, the Chief Registrar (Births and Deaths) is required to transmit the case to the Magistrate of the first class for verifying the correctness of the birth or death. Thereafter, the Magistrate of the First Class is required to pass orders to the concerned Registrar/Sub Registrar for registration of such event of birth or death on payment of late fee of Rs.10/-. 7. In the instant case, the petitioner could not immediately inform the Registrar (Births and Deaths) about the birth of the child since the child was found outside a temple. The petitioner has also got his son admitted in the school. 7. In the instant case, the petitioner could not immediately inform the Registrar (Births and Deaths) about the birth of the child since the child was found outside a temple. The petitioner has also got his son admitted in the school. However, fact of the matter is that the petitioner could not get registered the name of his son within a period of one year owing to the peculiar facts and circumstances of the case. He was required to move an application before the concerned District Registrar (Births and Deaths). The District Registrar (Births and Deaths) having been satisfied was further required to send the case to the Chief Registrar (Births and Deaths) along with his recommendations for transmitting the same to the Magistrate of the first class for verifying the correctness of the birth or death. 8. According to sub-rule 5 of Rule 21 of the Himachal Pradesh Panchayati Raj (General) Rules, 1997, the Secretary of the Gram Panchayat is required to undertake registration of births and deaths in accordance with the provisions of the Act and Rules made thereunder. The Secretary of the Gram Panchayat is designated as Sub-Registrar (Births and Deaths). 9. In view of analysis and observations made hereinabove, the writ petition is disposed of with direction to the petitioner to approach respondent No.6 by way of filing an appropriate application, who shall forward the application to respondent No.5 within a period of three weeks from the date of receipt of the application and thereafter, respondent No.5 shall transmit the application to respondent No.3 within another four weeks. On receipt of such application, respondent No.3 shall pass necessary orders directing the Sub-Registrar (Births and Deaths)/Secretary of the Gram Panchayat, Shri Kyari, for registration of the name of the petitioner’s son in the Panchayat Record within four weeks thereafter. Pending application(s), if any, also stands dismissed. No order as to costs.