PUNEET KANSAL Vs. STATE OF UTTARAKHAND & OTHERS

JUDGEMENT

(1.) The petitioner before this Court is challenging an order dated 18.07.2016 passed by Additional District Registrar (Births and Deaths)/Chief Medical Officer, Haridwar by which he has directed the Health Officer of Nagar Nigam, Haridwar to cancel the death certificate issued by him on 19.12.2015. Subsequently, order dated 21.07.2016 of the Health Officer, Nagar Nigam, Haridwar has also been challenged, which has cancelled the death certificate issued on 19.12.2015 in compliance of the above direction of the Chief Medical Officer.

(2.) The case of the petitioner is that he is the grandson of one Late Sri Sunder Lal and his grandmother's name is Late Mrs. Tarawati. According to the petitioner, his grandmother died on 15.03.1980 and it is verified from the Will dated 16.03.1988 of the testator i.e. his grandfather, which is duly registered Will in which the date of death of his grandmother is mentioned as 15.03.1980. The case of the petitioner before this Court is that his aunt i.e. respondent No. 4 Mrs. Beena Gupta has usurped the property, which belongs to her grandfather, i.e. the grandmother of the petitioner. According to the petitioner, this property can be used only for charitable purposes, as per the Will. This assertion is made by the petitioner relying upon the Will of the testator. The petitioner admittedly has no concern with the said property except that it belongs to her grandmother and is liable to be used for charitable purposes, according to the petitioner.

(3.) On the strength of the mention that Smt. Tarawati died on 15.03.1980 in the will of his grandfather, the petitioner procured the death certificate, as mentioned above, and thereafter it was duly recorded in the Municipal records, Nagar Palika, Haridwar as well that his grandmother died on 15.03.1980.