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Judgment
A short question raised for determination by this Court is whether Rule 9(3) of the Orissa Registration of Births and Deaths Rules, 2001 (Rules) is ultra vires Section 13(3) of the Registration of Births and Deaths Act, 1969 (Act)? While under Section 13(3) of the Act, registration of a birth or death beyond one year of its occurrence can be “only on an order made by a Magistrate of the First Class or a Presidency Magistrate after verifying the correctness of the birth or death and on payment of the prescribed fee”, Rule 9(3) of the Rules permits, in addition to the above two authorities, even an Executive Magistrate to pass an order in that regard.
In W.P.(C) No.6733 of 2020, one such order passed by the Executive Magistrate on 16th September 2011 in Misc. Case No.996 of 2011 is under challenge.
While notice has already been issued in W.P.(C) No.2983 of 2020, it is now issued in W.P.(C) No.6733 of 2020 as well. Mr. Debakanta Mohanty, learned Additional Government Advocate accepts notice on behalf of the State authorities (Opposite Party Nos.1 to 4) and Mr. P.K. Parhi, learned Assistant Solicitor General accepts notice on behalf of the Union of India (Opposite Party No.7) in W.P.(C) No.6733 of 2020.
Notice now be issued to Opposite Party Nos.5 and 6 in W.P.(C) No.6733 of 2020by Speed/Registered Post with A.D. making it returnable before the next date. Requisites be filed within a week. The tracking report be placed on record before the next date. Replies to the petition be filed by the Opposite Parties within eight weeks of service and rejoinder thereto, if any, be filed before the next date.
List on 13th December, 2022.
Issue urgent certified copy of this order as per rules.
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