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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
SURAJ GOVINDARAJ
Siddalingaiah, S/o. Channabasavaiah, Since Dead By L.R.s- Smt. Ambikamma, (W/o. Late Siddalingaiah) – Appellant
Versus
Deputy Tahsildar, Registrar of Birth And Death, Kora, Kora Hobli 522128, Tumkur Taluk, Tumkur District – Respondent
ORDER :
(SURAJ GOVINDARAJ, J.)
1. The petitioners are before this Court seeking the following reliefs:
(i) To quash the order dated 13.11.2013 of the Annexure-D on the file of II Addl. Civil Judge and J.M.F.C, Tumkuru, through the order of the Lok Adalat, Tumkur, in C.Mis.1134/2013.
(ii) To hold the death certificate as per Annexure-E dated 31.01.2014 of the I Respondent through his subordinate officer as void in law and not enforceable.
(iii) To issue the writ of certiorari or such other writ or pass such other order as the Hon’ble court may deem fit to grant under the circumstances of the case, in the interest of justice and equity.
2. The petitioners claim to be the absolute owners of land in Sy.No.22/2, measuring 3 acres and 5 guntas, situated at Burudagatta Village, Kora Hobli, Tumkur Taluk—the predecessor of the petitioner, viz., Sri.Siddalingaiah, of whom the petitioners are the legal heirs, had purchased the same under a registered sale deed dated 03.04.1979 from Smt.Honnamma.
3. The second Respondent, Sri.Mahadevaiah, claiming to be the grandson of late Smt.Honnamma, had applied for the issuance of her Death Certificate alleging that she had expired on 15.06.1975.
4. An endorsemen
The court emphasized that a Lok Adalat cannot consider a unilateral memo and must ensure that proper procedures are followed, including consent from both parties and conducting inquiries.
Registration of adoption deed is not mandatory for obtaining a birth certificate under the Hindu Adoption and Maintenance Act; the authorities cannot impose such a requirement without legal basis.
Invalid Lok Adalat Award due to procedural flaws and failure to comply with registration requirements under relevant statutes.
The court established that a valid reference to Lok Adalat is mandatory for its jurisdiction, and failure to comply with this requirement invalidates any award made.
The central legal point established is that the Registration of Births and Deaths Act, 1969, particularly Section 13(3), applies to past cases of unregistered births, and a restrictive interpretation....
The main legal point established in the judgment is that the power of the Magistrate under Section 13(3) of the RBD Act is limited to verification of the correctness of the claim regarding the occurr....
The Lok Adalat must comply with legal protocols regarding hearings and membership, or its awards risk being invalidated.
Point of Law : Procedural and technical hurdles should not be allowed to come in the way of the Court while doing substantial justice.
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