Allahabad High Court
VANSH PUNDIRversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The petition is dismissed; the petitioner is directed to file a fresh representation before the competent authority, which must decide the matter within six weeks.
Summary
The petitioner, Vansh Pundir, filed a writ petition seeking a mandamus directing the Registrar of Birth and Death, Nagar Nigam Saharanpur, to cancel his birth certificate which incorrectly recorded his date of birth. He alleged that his earlier representation dated 2 August 2023 for cancellation was ignored and submitted a fresh representation on 22 August 2023. The respondents argued that the petitioner, being an adult, should approach the competent authority (respondent no.2) and that any representation filed thereafter should be decided in accordance with law. The Court held that it would not adjudicate the merits and dismissed the petition, granting the petitioner liberty to file a fresh representation before the competent authority within two weeks, with a decision to be rendered within six weeks. The order emphasized that the matter must be decided by the appropriate authority considering the relevant statutes, rules, and judicial precedents.
Issues considered
- Whether the Court should issue a mandamus directing the Registrar to cancel the birth certificate.
- Whether the petitioner should be directed to approach the competent authority for a fresh representation.
Subjects
- birth certificate
- mandamus
- writ petition
- cancellation
- administrative law
- representation
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 33888 of 2023
Vansh Pundir
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Hridaya Narain Singh
Counsel for Respondent(s) : C.S.C., Jai Bahadur Singh
Court No. - 4
HON'BLE NEERAJ TIWARI, J.
HON'BLE SUDHANSHU CHAUHAN, J.
1. Heard learned counsel for the petitioner, Sri Jai Bahadur Singh, learned
counsel for respondent no.3 and learned Standing Counsel for State-
respondents.
2. Present petition has been filed with following prayer;
"i) issue a writ, order or direction in the nature of Mandamus commanding and
directing the respondent no.3/ Apar Nagar Aayukt/ Registrar, Birth and Death, Nagar
Nigam, Saharanpur to cancel the birth certificate of petitioner bearing birth
registration no.517, date of registration 03.02.2006 in which date of birth is
mentioned as 24.01.2006.
issue a writ, order or direction in the nature of Mandamus directing the respondent
no.3, Apar Nagar Aayukt/ Registrar, Birth and Death, Nagar Nigam, Saharanpur to
consider and decide the application of petitioner dated 22.08.2023 regarding
cancellation of birth certificate within stipulated period from command of this Hon'ble
Court."
3. Learned counsel for the petitioner submitted that a representation
before respondent no.3, Aparr Nagar Aayukt/Registrar, Birth and Death,
Nagar Nigam, Saharanpur on 2.08.2023 to cancel the birth certificate, but
he has not taken any action on the representation of petitioner. He next
submitted that for redressal of grievance, he has moved representation
dated 22.08.2023 before respondent no. 3 and requested that a suitable
direction may be issued and decided the same in accordance with law.
WRIC No. 33888 of 2023
2
4. Learned counsel for respondents submitted that petitioner is quite old
and he will be directed to file fresh representation before respondent no.2,
who is competent authority. In case, any representation is filed, same shall
be considered and decided in accordance with law at the earliest.
5. Accordingly, petition is disposed of with liberty to the petitioner to file
fresh representation along with certified copy of this order before respondent
no.2 within two weeks from today. In case, any such representation is filed,
Respondent No. 2 shall consider and decide the same strictly in accordance
with law, maximum within a period of six weeks from the date of production
of a certified copy of this order.
6. It is made clear that Court has not adjudicated the case on merits and it
is upon the respondent no. 4 to decide the representation of the petitioner
after considering the Act, Rules, Government Orders, Judicial
pronouncement made by the Court as well as facts of the case.
(Sudhanshu Chauhan,J.) (Neeraj Tiwari,J.)
May 12, 2026
A.N. Mishra
Digitally signed by :-
AMARNATH MISHRA
High Court of Judicature at Allahabad
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