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Patna High Court

Priyanka KumariversusThe State of Bihar

Decided
Disposal
DISMISSED

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

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
                                           2/6




                                         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
                                           3/6




         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
Patna High Court CWJC No.19241 of 2025 dt.14-05-2026
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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.
Patna High Court CWJC No.19241 of 2025 dt.14-05-2026
                                           5/6




                                                       (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.
             Patna High Court CWJC No.19241 of 2025 dt.14-05-2026
                                                        6/6




                                     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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