SACHALA PATNAIK Vs. STATE OF ORISSA

JUDGEMENT

(1.) This writ application has been filed by the petitioner praying for quashing of the order dtd. 22/2/2021 passed by the Executive Magistrate, Berhampur in Misc. Case No. 79 of 2021 rejecting her prayer for a direction to Registrar of Births and Deaths, Berhampur Municipal Corporation, Berhampur (opposite party No. 6) for recording her date of birth to be 8/4/1945. Additionally she has prayed that a direction be issued to the opposite party No. 3 to register and issue the birth certificate to her.

(2.) The case of the petitioner is that she is a lady of 77 years and a retired Government employee. She is a permanent resident of Berhampur in the district of Ganjam. After retirement from service and after death of her husband, she has been residing at Berhampur along with her only daughter. After marriage, the daughter is now permanently staying in United States of America and since the petitioner is suffering from various diseases and nobody is there to look after her, for which she wants to go to U.S.A. so that her daughter can take care of her. For that purpose, she has to obtain a Green Card from U.S.A. for which, birth certificate is necessary. From the non-availability certificate issued under Sec. 17 of the Registration of Births and Deaths Act, 1969, for short 'the Act' by Registrar of Births and Deaths of Berhampur Municipal Corporation under Annexure-1, the petitioner could come to know that event of her birth has not been registered by the authorities. In such background, she filed Misc. Case No. 79 of 2021 before the Executive Magistrate, Berhampur along with necessary documents for a direction to Registrar of Births and Deaths, Berhampur Municipal Corporation, Berhampur (opposite party No. 6) for issuance of birth certificate in her favour reflecting her date of birth to be 8/4/1945. However, the said application was rejected by the Executive Magistrate, Berhampur on 22/2/2021 under Annexure-2 on the ground that since 'the Act' is prospective in nature and it regulates only the events that have taken place after coming into force 'the Act', he cannot issue the order to Registrar of Births and Deaths, Berhampur Municipal Corporation (opposite party No. 6) for issuance of birth certificate as the petitioner was born much earlier i.e. on 8/4/1945. Challenging the same, the present writ petition has been filed with the above noted prayers.

(3.) Despite notice, opposite party Nos. 1, 2, 4 and 5 have not filed any counter. A counter affidavit has been filed by the opposite party Nos. 3 and 6. There they have stated that for issuance of Green Card, no birth certificate is necessary and since the date of birth is 8/4/1945, no birth certificate can be issued under 'the Act' which is prospective in nature. Accordingly, they have defended the impugned order passed by the opposite party No. 5. In this context, they have also relied on Odisha Registration of Births and Deaths Rules, 1970, for short '1970 Rules'.