RAMILABEN PRADIPBHAI VANKAR WD/O. PRADIPBHAI DUDHABHAI VANKARversusSTATE OF GUJARAT

     C/SCA/2387/2025                              JUDGMENT DATED: 23/03/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

               R/SPECIAL CIVIL APPLICATION NO. 2387 of 2025


FOR APPROVAL AND SIGNATURE:


HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK
================================================================

            Approved for Reporting               Yes          No

================================================================
     RAMILABEN PRADIPBHAI VANKAR WD/O. PRADIPBHAI DUDHABHAI
                             VANKAR
                              Versus
                    STATE OF GUJARAT & ORS.
================================================================
Appearance:
MR PRADIP J PATEL(5896) for the Petitioner(s) No. 1
MR NIKUNJ KANARA, ASST. GOVERNMENT PLEADER for the
Respondent(s) No. 1,4
MS SEJAL K MANDAVIA(436) for the Respondent(s) No. 2,3
================================================================

 CORAM:HONOURABLE MR. JUSTICE HEMANT M.
       PRACHCHHAK

                             Date : 23/03/2026

                               JUDGMENT


1.      Rule returnable forthwith. Learned Assistant Government
Pleader Mr. Nikunj Kanara, waives service of notice of Rule for and on
behalf of the respondent Nos.1 and 4 and learned counsel Ms. Sejal
Mandavia, waives service of notice of Rule for and on behalf of the
respondent Nos.2 and 3.


2.      With the consent of the learned counsel appearing for the
respective parties, the petition has been taken up for (nal hearing
today.



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     C/SCA/2387/2025                                     JUDGMENT DATED: 23/03/2026




3.      By way of present petition under Article 226 of the Constitution
of India read with the provisions of the Registration of Births and
Deaths Act, 1969, petitioner has prayed for the following reliefs :

        “A. This petition may be admitted and allowed.

        B. YOUR LORDSHIPS may be pleased to issue a writ of mandamus and/or
        certiorari or any other appropriate writ, order or direction by Directing
        Respondents No.2 and 3 to Register the Death Entry of her deceased
        husband namely Pradipbhai Dudhabhai Vankar and issue death certi-cate.

        C. Any other relief that may be deemed just and proper may also be kindly
        granted.”


4.      Brief facts giving rise to the present petition are that, the
deceased husband of the petitioner was missing on 22.04.2024 near
village Moti Kantadi and for unknown reasons, he fell down in main
Narmada canal and his dead body was found in canal siphon on
24.04.2024 in di2erent village at Sanadra, Tal. Galteshwar, Dist.
Kheda at about 9:30 A.M. and therefore, it was tried to pull out from
the canal but suddenly the dead body was stuck in siphon and could
not be taken out from the other side and thereafter, it was informed
to the local police, District Magistrate of Panchmahal and Kheda to
pull out the dead body from the siphon and therefore, local body and
authority had called N.D.R.F Agency to pull out the body from the
siphon but, it was not possible to pull out the body from the siphon by
the expert agencies due to heavy water 6aw in siphon. That, on
23.04.2024, Janvajog Entry no. JJ/11/2024 was registered before the
Godhra Town A Division Police Station for missing person. That, the
petitioner had requested to the Godhra Town A Division Police Station
for a report of death by producing evidences on 26.06.2024. That,
after verifying the documents and evidences, police inspector, Godhra
Town A Division had given certi(cate on 15.07.2024 for registering



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     C/SCA/2387/2025                            JUDGMENT DATED: 23/03/2026




the death certi(cate of deceased husband of the petitioner. Therefore,
the petitioner applied for death entry to the Taluka Development
O>cer, Taluka Panchayat, Godhra, Dist. Panchamahal but, the said
application was returned back by citing reason that the dead body
was found in jurisdiction of Galteshwar Taluka and therefore, new
application was made to the respondent No.3 alongwith the evidences
on 03.09.2024. That, the petitioner made a detailed representation
dated 20.09.2024 to the respondent No.2 and pointed out as what
had actually happened to the husband of the petitioner. That
thereafter, several communications were made between the police
and respondent Nos. 2 & 3 and police had also supplied necessary
documents to the respondent Nos.2 & 3. That, the petitioner again
made request to the respondent No.3 to register a death entry of his
late husband as due to non registration of death certi(cate will lead
her to harsh di>culties as she was not able to receive the monetary
bene(ts including pension of her late husband and also there was
loan from HDFC Bank worth Rs. 23,00,000/- and she was receiving
notices from the bank for the installments if the death certi(cate is
produced before the bank, then loan can be adjusted against the
insurance of death. That, on 28.12.2024, the Deputy Superintendent
of Police, Godhra had also sanctioned the closing of Janvajog Entry No.
11/2024 as dead body was identi(ed and therefore, the whole search
operation was closed by the higher authority of the police
department.


5.      Being aggrieved and dissatis(ed with the inaction on the part of
the respondent Nos.2 and 3, the petitioner has preferred this petition.


6.      Heard Mr. Pradip J. Patel, learned counsel appearing for the
petitioner, Mr. Nikunj Kanara, learned Assistant Government Pleader


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     C/SCA/2387/2025                            JUDGMENT DATED: 23/03/2026




appearing for the respondent Nos.1 and 4 and Ms. Sejal Mandavia,
learned counsel appearing for the respondent Nos.2 and 3.


7.      Learned counsel Mr. Patel has submitted that the respondent
authority has not considered the evidence on record and not
registered the death entry of the deceased husband of the petitioner.
He has submitted that despite clear evidence and a statutory
competent authority has also opined that the dead body was of the
deceased husband of the petitioner namely Pradipbhai Dudhabhai
Vankar, however, without considering the same, the respondent
authority is not registering the death entry and not issuing the death
certi(cate to the petitioner, which will add to the hardships to the
widow lady as without death certi(cate, petitioner is not getting
bene(ts of her husband’s government service and also facing
(nancially towards the Loan Amount which could have been adjusted
towards the insurance of accidental death. Over and above the
grounds agitated in the memo of petition, learned counsel Mr. Patel
has urged that the present petition be allowed and the respondent
authorities be directed to register the death of the deceased husband
of the petitioner and issue death certi(cate to the petitioner.


8.      On the other hand, learned AGP Mr. Kanara has objected the
present petition and submitted that the dead body of the deceased
husband of the petitioner could not be found out till date and no P.M.
report was produced by the petitioner alongwith her representation
made before the authority, however, he was unable to controvert the
certi(cate issued by the Police Inspector, Godhra Town A Police
Station, wherein, it was stated that on 24.04.2024, the dead body of
the deceased husband of the petitioner namely Pradipbhai Dudhabhai
Vankar was found 6oating in the canal and it was identi(ed by the


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        C/SCA/2387/2025                                                      JUDGMENT DATED: 23/03/2026




relatives through video and thereafter, it get stuck in the canal siphon
of village Sanadra, Ta. Galteshwar, Dist. Kheda. Learned AGP Mr.
Kanara has therefore, urged that appropriate orders may be passed.


9.         I have heard the learned counsel appearing for the respective
parties and perused the material placed on record. The fact remains
that the Police Inspector of Godhra Town A Police Station has issued
certi(cate (Annexure-E) to the e2ect that the dead body of the
deceased husband of the petitioner was seen 6oating in the canal
siphon and get stuck in the canal siphon and could not be pulled out
from the siphon and even N.D.R.F. agency was also called to pull out
the dead body from the canal siphon, however, it could not be taken
out. Even the relatives of the petitioner has also identi(ed the
deceased husband of the petitioner and therefore, the said certi(cate
was issued. Considering all these aspects, the present petition is
required to be allowed.


10.        In the result, the present petition is allowed. The respondent
Nos.2 and 3 are hereby directed to register the death entry of the
deceased husband of the petitioner namely Pradipbhai Dudhabhai
Vankar and issue death certi(cate to the petitioner. Rule is made
absolute.



                                                                  (HEMANT M. PRACHCHHAK,J)

Dolly




Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: DOLLYBEN CHETANBHAI VADUKAR(HC01392), PRIVATE SECRETARY, at High Court of Gujarat on 24/03/2026 17:59:44


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