AI Structured Summary
Not yet generated for this judgment
Judgment
Sudhanshu Dhulia, J
Petitioner no.1 claims to be only surviving son of Jiya Lal. At different times, petitioner no.1 has given different dates of death of Jiya Lal. These different dates are 12.04.2005 and 25.06.1972.
It is also alleged that on the basis of forged and fabricated certificate, petitioner no.1 has procured the gun licence in his name and also been secured in making changes in the mutation proceedings in his favour. When the wife and daughters of the deceased-Jiya Lal came to know about this forgery, they moved an application before the District Magistrate alleging that they are the actual heir and successors of Jiya Lal. Late Shri Jiya Lal was the employee of Indian Institute of Petroleum, Dehradun and he died on 31.03.1986, while he was working in the said institute.
In order to substantiate their claim, they have submitted the receipts relating to cremation of Jiya Lal which was done at Haridwar on the next day i.e. 01.04.1986. The other documents pertaining that Jiya Lal was working between 1972 to 1986 have also been given before the authorities concerned.
On the basis of these evidence, the District Magistrate, Dehradun vide order dated 28.08.2014 has cancelled the death certificate dated 04.09.2006 of the Jiya Lal who the petitioner alleges is his father. Aggrieved by the order the petitioner has filed the present writ petition before this Court.
In view of this Court, the authority has rightly come to the conclusion that the death certificate dated 4.09.2006 needs to be cancelled, as it is based on cogent evidence. The same is, however, open to challenge in a criminal proceedings. However, the order of mutation passed by the District Magistrate is without jurisdiction and that part of the order is set aside. In case, if the petitioners are aggrieved by the cancellation of the gun licence, they would be at liberty to move an appeal under the Arms Act.
In view of the above observations, the writ petition is hereby dismissed.
Interim order dated 25.09.2014 also stands vacated.