1 2025:CGHC:30869 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3446 of 2025 1 - Shri Totaram Peswani S/o Late Gokhumal @ Gelamal Aged About 80 Years R/o Sindhi Colony, Jarhabhata, Bilaspur C.G. ... Petitioner(s) versus 1 - Commissioner, Municipal Corporation Bilaspur, District Bilaspur C.G. 2 - Registrar Birth/death Registration Branch, Nagar Palika Nigam, Bilaspur, District Bilaspur C.G. 3 - Avinash Peshwani S/o Suresh Peswani Aged About 35 Years R/o B- 404, Pooja Apartments, Kranti Nagar, Bilaspur, District Bilaspur C.G. ----Respondents (Cause-title taken from Case Information System) For Petitioner : Mr. Pravin Kumar Tulsyan, Advocate For Respondent-Commissioner : Mr. Pankaj Agrawal, Advocate Hon’ble Shri Arvind Kumar Verma Order on Board 07/07/2025 1. Counsel for the Petitioner prays for the following relief(s):- “(I) That, issue an appropriate writ, order or direction, for quashing and setting aside the impugned order dated 08.05.2025 passed by Respondent No. 2 whereby the alias “@Gokhumal” has been deleted from the name of the petitioner’s father in the death certificate. (ii) That Issue an appropriate writ, order or direction, directing the Respondent No. 2 to consider and decide the petitioner’s Review Application dated 22.05.2025 (Annexure P/8) taking into consideration the supporting documents/evidence obtained by the petitioner and in accordance with law, within a time-bound manner ((iii)) Any other relief, which may be suitable in the facts and circumstances of the case, may also be granted. Digitally signed by JYOTI JHA Date: 2025.07.08 10:51:47 +0530 2 2. Learned counsel for the petitioner submits that the Petitioner is aggrieved by the order dated 08.05.2025 passed by the Learned Registrar, Birth and Death Registration Branch, Nagar Palika Nigam, Bilaspur (C.G.) - Respondent No. 2 pursuant to a complaint filed by Respondent No. 3 on 26.07.2024. The said complaint pertained to Death Certificate Registration No. 776 dated 21.07.1977, issued in respect of the Petitioner's father, Late Gokhumal @ Gelamal, with a request for deletion of the alias "Gokhumal" from the name of the deceased. Acting upon the said complaint, Respondent No. 2 initiated an inquiry and thereafter passed the impugned order dated 08.05.2025, directing deletion of the alias "@Gokhumal" from the death certificate. The said order has been passed without affording the Petitioner a proper and adequate opportunity of hearing, thereby violating the principles of natural justice. Aggrieved thereby, the Petitioner has filed a Review Application dated 22.05.2025 before Respondent No. 2, which is still pending consideration. The copy of order dated 08.05.2025 is filed and herewith as Annexure P-1 which is liable to be quashed. 3. Learned counsel for respondents that with regard to the grievance of the petitioner, there is an alternative remedy is available to petitioner to file appeal before the District Registrar under Section 25A of Registration of Births and Deaths (Amendment) Act, 2023. 4. I have heard learned counsel for the parties and perused the material available on record. 5. Considering the submission of the respondents and considering 3 the facts and circumstances of the case, this Court is of the opinion that there is an alternative remedy is available to the petitioner under Section 25A of Registration of Births and Deaths (Amendment) Act, 2023, therefore the petitioner is directed to file appeal before the District Registrar within a period of 15 days from today, thereafter the District Registrar shall decide the application on its own merits as per rules and regulation governing the field. Accordingly, the writ petition is disposed of. 6. It is made clear that this Court has not observed anything on the merits of the case. Sd/- (Arvind Kumar Verma) Judge Jyoti