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Judgment
This writ petition is filed on behalf of the petitioner essentially with a prayer that Gram Sevak, Gram Panchayat, Salori Panchayat Samiti
Mandore, District Jodhpur be directed not to issue death certificate in relation to one Shivnath Ram showing him as son of Heera ram.
Learned counsel for the petitioner has submitted that the petitioner raised a specific objection before the Gram Sevak of Gram Panchayat, Salori
Panchayat Samiti, Mandore to the effect that as a matter of fact Shivnath Ram went in adoption of one Phusa Ram and, therefore, the death
certificate in relation to Shivnath Ram showing him as son of Heera ram cannot be issued. It is contended that though the Gram Sevak of Gram
Panchayat Salori has not decided the objection submitted by the petitioner and also not issued the death certificate of Shivnath Ram at the instance
of respondent No.5 but the Vikas Adhikari, Panchayat Samiti, Jodhpur (H.Q Mandore) has directed the Gram Sevak Salori to issue the death
certificate of Shivnath Ram.
Learned counsel for the petitioner has submitted that the Vikas Adhikari has no jurisdiction to issue such type of direction and, therefore, the
letter dated 15.01.2018 passed by the Vikas Adhikari, Panchayat Samiti, Jodhpur of directing the Gram Sevak to issue the death certificate of
Shivnath Ram be set aside.
After hearing learned counsel for the petitioner, this Court is of the opinion that the Vikas Adhikari Panchayat Samiti, Jodhpur has simply issued
a direction to the Gram Sevak to decide the application preferred on behalf of respondent No.5 for issuance of death certificate of one Shivnath
Ram, who is reportedly died on 26.10.2017. The Vikas Adhikari has ordered that if there is any stay order passed by any Court, the same be
complied with first and if there is no stay order from any other Court, then issue the death certificate as per the provisions of Registration of Births
and Deaths Act, 1969 and Rules made thereunder
In view of the above, I do not find any illegality in the impugned order passed by the Vikas Adhikari dated 15.01.2018. Needless to say that the
Gram Sevak of Gram Panchayat Salori shall issue death certificate of Shivnath Ram strictly in accordance with law after taking into consideration
the objection raised by the petitioner in respect of the same.
With these observations, this writ petition is dismissed.
Stay petition also stands dismissed.