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2014 Supreme(All) 1892

SURYA PRAKASH KESARWANI
ZEBA HASEEB @ ANKITA – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Brajesh Kumar Singh and Ravish Kumar Singh for the Petitioners; C.S.C., Anil Tiwari and Hemant Kumar for the Respondents.

JUDGMENT

Hon’ble Surya Prakash Kesarwani, J.—Heard Sri Brijesh Kumar Singh, learned counsel for the petitioners, Sri Anil Tiwari, learned counsel for Nagar Nigam Kanpur and Sri Siddharth Singh Shreenet, learned Standing Counsel for the State-Respondent.

2. In compliance to the order dated 17th November, 2014, the District Magistrate Kanpur Nagar has filed today her personal affidavit which is taken on record.

3. Learned counsel for the petitioners submits that looking into the facts and circumstances of the case and the statements of petitioners recorded in open Court on 30.10.2014, he has to say nothing.

4. Learned standing counsel submits that the alleged birth certificate is a complete nullity in the eyes of law inasmuch as it was issued unauthorizedly and without compliance to the provisions of Section 13 (3) of the Registration of Births and Deaths Act, 1969 (hereinafter referred to as the ‘Act’) and Rule 9 of the U.P. Registration of Births and Deaths Rules, 2002 (hereinafter referred to as the ‘Rules’). He submits that in view of the averments made in the affidavit filed before this Court by the Respondents and the statements of petitioners as recorded in the open Court on 30
































































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