Final Order 1

Order Details: Order Below EX 1
Pdf Text: C. C. No. 659/N/2022
Ramnarayan Subedar Kanojia V/s. The Ward Officer
ORDER BELOW EXH. 1
1) Applicant praying for direction to respondent to register
the birth of his daughter namely Rekha Ramnarayan Kanojia. He
submitted that, on 15/04/1984 his daughter namely Rekha
Ramnarayan Kanojia born at Room No.220, Shiv Nagar, Air India Main
Gate, Kalina, Santacruz (E) Mumbai. However, entry regarding her
birth was not taken with the office of respondent. He requires birth
certificate of his daughter. Hence, this application is filed. Applicant in
support of his contention has filed SSC and HSC Board Certificates of
Rekha, School Leaving Certificate of Rekha issued by Patuck Technical
High School.
2] Respondent did not dispute that on dated 15/04/1984 the
daughter of the applicant was born and the entry thereto was not taken
in the concerned register. They submitted that, a date of birth of Rekha
Ramnarayan Kanojia could not be verified, as the applicant was not
found residing on the given address in the year 1984. They prayed for
rejection of the application.
3] Applicant has filed his affidavit to prove his place of
residence. He has also filed affidavits of Sangeeta Sonu Mallyekar and
Asmita Namdev Sonawane in support of his contention. Considering all
these affidavits it can be safely concluded that applicant is residing on
the given address prior to 1984. Further SSC Board Certificate of Rekha
Kanojia, filed by applicant stated that Rekha Ramnarayan Kanojia was
born on 15/04/1984. Applicant has filed affidavit of Rekha Ramnarayan
Kanojia and she in her affidavit stated that her date of birth is
15/04/1984. Admittedly, after the birth of Rekha Ramnarayan Kanojia
the entry thereto was not taken in the concerned register till today.
Therefore, Respondent needs to be directed to take entry regarding
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C. C. No. 659/N/2022
Ramnarayan Subedar Kanojia V/s. The Ward Officer
birth of Rekha Ramnarayan Kanojia in the concerned register. Hence,
the following order is passed.
O R D E R
1. Application is allowed.
2. On payment of requisite charges respondent is directed to
take entry regarding the date of birth of Rekha Ramnarayan
Kanojia, as on 15/04/1984 in the concerned register.
Sd/
Metropolitan Magistrate,
Date : 21/02/2023. 71st Court, Bandra, Mumbai.
SRD
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