Sudhanshu Dhulia, J.

1. The petitioner before this Court is challenging an order dated 18.07.2016 passed by Additional District Registrar (Births and Deaths)/Chief Medical Officer, Haridwar by which he has directed the Health Officer of Nagar Nigam, Haridwar to cancel the death certificate issued by him on 19.12.2015. Subsequently, order dated 21.07.2016 of the Health Officer, Nagar Nigam, Haridwar has also been challenged, which has cancelled the death certificate issued on 19.12.2015 in compliance of the above direction of the Chief Medical Officer.

2. The case of the petitioner is that he is the grandson of one Late Sri Sunder Lal and his grandmother’s name is Late Mrs. Tarawati. According to the petitioner, his grandmother died on 15.03.1980 and it is verified from the Will dated 16.03.1988 of the testator i.e. his grandfather, which is duly registered Will in which the date of death of his grandmother is mentioned as 15.03.1980. The case of the petitioner before this Court is that his aunt i.e. respondent No. 4 – Mrs. Beena Gupta has usurped the property, which belongs to her grandfather, i.e. the grandmother of the petitioner. According to the petitioner, this property can be used only for charitable purposes, as per the Will. This assertion is made by the petitioner relying upon the Will of the testator. The petitioner admittedly has no concern with the said property except that it belongs to her grandmother and is liable to be used for charitable purposes, according to the petitioner.

3. On the strength of the mention that Smt. Tarawati died on 15.03.1980 in the will of his grandfather, the petitioner procured the death certificate, as mentioned above, and thereafter it was duly recorded in the Municipal records, Nagar Palika, Haridwar as well that his grandmother died on 15.03.1980.

4. Thereafter, on an application/complaint moved by respondent No. 4 before the Registrar (Births and Deaths), Haridwar it appears that the Registrar (Births and Deaths), Haridwar, which is with the Chief Health Officer, Haridwar that the death certificate has been procured from the local body on the basis of forged and fabricated documents, wrongly mentioning the date of death of Smt. Tarawati as 15.03.1980 whereas the actual date of death is 15.03.1981, which is duly registered.

5. A letter was forwarded by the Registrar (Births and Deaths), Nagar Nigam, Haridwar to District Magistrate, Haridwar with a request to enquire into the matter. The impugned orders appears to have been passed in pursuance of a complaint forwarded by the Registrar (Births and Deaths), Haridwar to the District Magistrate. It has come in the impugned order that the date of death of Late Mrs. Tarawati is already registered with the Registrar (Births and Deaths), Haridwar as 15.03.1981 and in case, any correction in the date of death has to be made in view of Section 15 of the Registration of Births and Deaths Act, 1969.

6. On the other hand, the petitioner took a different path altogether by moving a fresh application under Section 13 of the Registration of Births and Deaths Act, 1969 that too initially before the Registrar (Births and Deaths) for registering a delayed information of date of death. This can be done under the procedure given under Section 13 of the Registration of Births and Deaths Act, 1969 read with Rule 9 of Registration of Births and Deaths Rules, 2003 framed therein.

7. It appears that no such procedure has been adopted. Had this procedure been adopted it would have come to the knowledge of the authorities that the date of death duly registered is 15.03.1981, registered with the Registrar (Births and Deaths). Mr. Gaurav Singh, learned counsel for respondent No. 4 has produced before this Court a certificate which shows that the date of death of Mrs. Tarawati is 15.03.1981 registered with the authorities as early as 24.12.1986. A copy of the said certificate shall be kept on record. The date of death clearly mentioned in the said certificate i