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2022 Supreme(Ori) 186

BISWAJIT MOHANTY
Sachala Patnaik – Appellant
Versus
State of Orissa – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: M/s. Ashok Das, M.R. Dash, S.A.K. Dora & G.R. Behera
For the Respondent: Mr. D.K. Mohanty, Addl. Standing Counsel, M/s. Ramesh Sahoo, S. Pradhan & S. Mishra Mr. D.

JUDGMENT :

B. Mohanty, J.

1. This writ application has been filed by the petitioner praying for quashing of the order dated 22.02.2021 passed by the Executive Magistrate, Berhampur in Misc. Case No.79 of 2021 rejecting her prayer for a direction to Registrar of Births and Deaths, Berhampur Municipal Corporation, Berhampur (opposite party No.6) for recording her date of birth to be 08.04.1945. Additionally she has prayed that a direction be issued to the opposite party No.3 to register and issue the birth certificate to her.

2. The case of the petitioner is that she is a lady of 77 years and a retired Government employee. She is a permanent resident of Berhampur in the district of Ganjam. After retirement from service and after death of her husband, she has been residing at Berhampur along with her only daughter. After marriage, the daughter is now permanently staying in United States of America and since the petitioner is suffering from various diseases and nobody is there to look after her, for which she wants to go to U.S.A. so that her daughter can take care of her. For that purpose, she has to obtain a Green Card from U.S.A. for which, birth certificate is necessary. From the non-

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