Patna High Court
Priyanka KumariversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- PARTHA SARTHY
Holding
Under Section 13(3) of the Registration of Births and Deaths Act, 1969, a death occurring more than a year ago can be registered only on an order of a competent court, and therefore the petitioner's writ is dismissed.
Summary
Petitioner Priyanka Kumari filed a writ petition seeking a death certificate for her missing husband, Late Rajesh Kumar Yadav, whose disappearance was reported in May 2024 and for whom an accused later confessed to murder. The respondents, various state registration authorities, refused to issue the certificate, invoking Section 13(3) of the Registration of Births and Deaths Act, 1969, which mandates a court order for deaths occurring more than a year ago. The petitioner argued that the confession established death and that the certificate should be issued without further judicial intervention. The High Court examined the statutory provision and noted that more than two years had elapsed since the disappearance, triggering the requirement of a court order. Finding no error in the respondents' reliance on the Act, the Court dismissed the writ application. Consequently, the petitioner remains without a death certificate and the associated pension benefits.
Issues considered
- Whether a death certificate can be issued for a missing person based solely on a confession without a court order under Section 13(3) of the Registration of Births and Deaths Act, 1969.
- Whether the writ of mandamus is appropriate to compel the registration authorities to issue the death certificate.
Legislation cited
- Registration of Births and Deaths Act, 1969 — s. 13(3)
Subjects
- death certificate
- missing person
- Registration of Births and Deaths Act
- Section 13(3)
- writ of mandamus
- pension
- administrative law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.19241 of 2025
======================================================
Priyanka Kumari W/o Late Rajesh Kumar Yadav, D/o Ayodhya Prasad, Res of
Village-Karisath, P.S.-Udwantnagar, District-Ara (Bhojpur).
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Registrar, Birth and Death Registration
Department, Govt. of Bihar, Patna-1.
2. The District Registrar, District-Vaishali.
3. The Executive Officer cum Registrar (Death and Birth), Nagar Parishad,
Mahnar (Vaishali).
4. The Secretary, Nagar Parishad, Mahnar (Vaishali).
5. The Secretary, Urban Department, Bihar, Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manish Kumar, Advocate
For the Respondent/s : None
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL JUDGMENT
Date : 14-05-2026
Heard learned counsel for the petitioner. No one
appears for the respondents.
2. The petitioner has filed the instant application for
the following relief(s):
“That this application is
being filed for issuance of appropriate
Order/ Orders, direction/ directions,
Patna High Court CWJC No.19241 of 2025 dt.14-05-2026
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Writ/ Writs in the nature of mandamus
Commanding and directing to the
respondents authorities to issue the
Death Certificate. (Late Rajesh
Kumar Yadav) husband of the
petitioner and also set aside the order
dated 14.08.2025 passed by
Respondent No. 2. Whereby and
Where under the husband of the
petitioner has employee of Army. After
Retirement the husband of the
petitioner has received pension from
the Govt. of India. Now the death of
husband pension was stopped there is
only source of Income for her
Survivatships and any other relief/
reliefs as your Lordships may deem fit
and proper.”
3. The case of the petitioner in brief is that her
husband Late Rajesh Kumar Yadav having gone missing for
about one week, a complaint was lodged before the police
station which lead to registration of the FIR being Udwantnagar
P.S. Case no.193 of 2024.
4. It is submitted by learned counsel for the
petitioner that in course of police investigation, one of the
accused confessed to having murdered the husband of the
petitioner and in that view of the matter, a death certificate
Patna High Court CWJC No.19241 of 2025 dt.14-05-2026
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should have been issued by the District Registrar, District-
Vaishali. The prayer of the petitioner for issuance of the death
certificate having been rejected by the respondents, the instant
writ application has been filed.
5. Learned counsel for the petitioner further brings
to the notice of this Court a letter dated 14.8.2025 (Annexure-6)
written by the Executive Officer, Nagar Parishad, Mahnar
addressed to the Nodal Officer, RTI, Vaishali stating therein that
so far as issuance of death certificate in case of missing persons
is concerned, in view of section 13(3) of the Registration of
Births and Deaths Act, 1969, the same is issued only after an
order of a competent Court.
6. Learned counsel for the petitioner submits that
the accused having confessed to having committed the crime of
murder of the petitioner’s husband, the respondents be directed
to issue the death certificate.
7. On perusal of the material on record and
specially the provisions of the Registration of Births and Deaths
Act, 1969, relevant portion of which has been annexed to the
counter affidavit filed on behalf of the respondents, section 13
thereof is reproduced herein below for ready reference:
“13. Delayed registration
of births and deaths.—(1) Any birth
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or death of which information is given
to the Registrar after the expiry of the
period specified therefor, but within
thirty days of its occurrence, shall be
registered on payment of such late fee
as may be prescribed.
(2) Any birth or death of
which delayed information is given to
the Registrar after thirty days but
within one year of its occurrence,
shall be registered only with the
written permission of the District
Registrar or such other authority, on
payment of such fee and on production
of self-attested document in such form
and manner as may be prescribed.
(3) Any birth of death of
which delayed information is given to
the Registrar after one year of its
occurrence, shall be registered only
on an order made by a District
Magistrate or Sub-Divisional
Magistrate or by an Executive
Magistrate authorised by the District
Magistrate, having jurisdiction over
the area where the birth or death has
taken place, after verifying the
correctness of the birth or death and
on payment of such fee as may be
prescribed.
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(4) The provisions of this
section shall be without prejudice to
any action that may be taken against a
person for failure on his part to
register any birth or death within the
time specified therefor and any such
birth or death may be registered
during the pendency of any such
action.”
8. So far as the facts of the instant case are
concerned, it is not in dispute that the FIR with respect to the
husband of the petitioner having gone missing was registered on
12.5.2024. The contents of the FIR show that the petitioner’s
husband had gone missing on 4.5.2024.
9. More than two years having passed since the
disappearance of the petitioner’s husband and the death neither
having been confirmed nor having been registered within one
year, the Court finds no error in the decision of the respondents
communicated to the petitioner that in light of section 13(3) of
the Act, the death would be registered only on an order made by
the Court after verifying the correctness of the death and on
payment of the prescribed fee.
10. The Court finds no error in the order impugned
nor any merit in the instant writ application.
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11. The application is dismissed.
(Partha Sarthy, J)
sauravkrsinha/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 15.5.2026
Transmission Date NA
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