( 1 ) RULE. I have heard both the sides at length on merits. I, therefore, proceed to dispose of this petition finally by issuing Rule today.

( 2 ) THE present petition is filed by one Karimabibi, widow of Gulam Mohamed mustufa and 6 others who are sons and daughters of Karimabibi Mohamed Mustufa, to challenge the order passed by the Judicial Magistrate, First Class, Ankleshwar in criminal Misc. Application No. 159 of 1996, on 25th October, 1996 and the entries made in the birth register maintained by the respondent No. 1 on the strength of the said order of the learned Magistrate.

( 3 ) THE present petitioners are widow and children of late Gulam Mohamed mustufa. The respondent No. 2 is husband of respondent No. 3 Jubedabibi. The said respondent No. 3 Jubedabibi, it seems is claiming to be the daughter of late Gulam mohamed Mustufa. The respondent No. 2 as a power of attorney holder of respondent no. 3 Jubedabibi filed an application bearing Criminal Misc. Application No. 159 of 1996 in the Court of Judicial Magistrate, First Class, Ankleshwar, purporting to be an application under Sec. 13 (3) of the Registration of Births and Deaths Act, 1969. The said application was filed by him on 25th June, 1996 and on 25th October, 1996, the said application was registered and was given Criminal Misc. Application no. 159 of 1996 and on the same day, the learned Judicial Magistrate disposed of against the order passed by the Judicial Magistrate, Ankleshwar in Misc. Cri. Application No. 159 of 1996. the said application by allowing the same and ordering that the entry as regards the birth date of respondent No. 3 Jubedabibi having been born on 21st July, 1955 by showing her fathers name as Gulam Mohamed Mustufa Shaikh be made. The learned judicial Magistrate, First Class has sent a letter along with copy of his order in Misc. Criminal Application No. 159 of 1996 to the Municipal Authorities - respondent No. 1 and on the strength of the said copy of the order of the learned Judicial Magistrate, first Class, Ankleshwar, entry in the birth register as regards the birth of respondent no. 3 Jubedabibi is made by respondent No. 1.

( 4 ) IT is the claim of the petitioners that the order passed by the learned Judicial magistrate, First Class is illegal and contrary to the principles of natural justice. The learned Judicial Magistrate is expected to hold an inquiry and record his satisfaction about the correction of the birth date given in the application and only thereafter, he could pass an order regarding the birth date to be entered in the birth and death register. But the learned Judicial Magistrate, First Class has not at all followed the principles of natural justice and has disposed of the said application the same day of its registration by granting the same in favour of the applicant without application of mind. Consequently, the said order of the learned Magistrate is illegal and void, and therefore, the said deserves to be quashed.

( 5 ) IT is further contended that the learned Judicial Magistrate, First Class, ought to have issued notices to the petitioners who are heirs of the deceased Gulam mohamed Mustufa. Then they would have brought to the notice of the learned magistrate that the respondent Nos. 2 and 3 had earlier made an attempt on 26th february, 1982 to get the entry of birth date in the birth register as regards birth of respondent No. 3 by showing her to be the daughter of late Gulam Mohamed Mustufa and the said entry was quashed and set aside on account of the complaint lodged by said Gulam Mohamed Mustufa. It is their contention that when the respondent No. 3 wants to make a claim to be the legal heir of Gulam Mohamed Mustufa and when claim of her is denied and disputed by the present petitioners, the proper forum or remedy for her was to go before the Civil Court and to get declaration that she is the legal heir of late Gulam Mohamed Mustufa. She has taken a wrong forum in order to establish her claim, an