Allahabad High Court
MEERA DEVIversusSTATE OF UTTAR PRADESH AND 2 OTHERS
- Decided
Holding
Mandamus cannot be issued; the petitioner must first obtain a decree from a competent court declaring civil death before applying for a death certificate.
Summary
The petitioner, Meera Devi, filed a writ petition under Article 226 seeking a mandamus directing the Nagar Ayukta of Gorakhpur to issue a death certificate for her missing husband, who had been absent since August 2015. The petitioner argued that a civil death had occurred after seven years of disappearance and that she had already filed a declaratory suit. The respondents contended that, under law, a decree from a competent court declaring civil death is a prerequisite before a death certificate can be issued. The Court held that the Nagar Ayukta could not be directed to issue the certificate without such a decree. Consequently, the petition was consigned to the records, effectively dismissing the relief sought. The decision underscores the procedural requirement of obtaining a court decree before administrative issuance of a death certificate in cases of prolonged disappearance.
Issues considered
- What is the appropriate remedy for a petitioner seeking a death certificate for a person missing for seven years?
- Can a writ of mandamus be issued directing the Nagar Ayukta to issue a death certificate without a prior court decree declaring civil death?
Subjects
- Article 226
- mandamus
- death certificate
- civil death
- missing person
- declaratory suit
- administrative law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 35647 of 2026
Meera Devi
.....Petitioner(s)
Versus
State Of Uttar Pradesh And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Naveen Kumar Srivastava
Counsel for Respondent(s) : C.S.C., Vibhu Rai
Court No. - 1
HON'BLE AJIT KUMAR, J.
HON'BLE SIDDHARTH NANDAN, J.
1. Heard learned counsel for the petitioner and Ms. Shreya Trivedi
holding brief of Sri Vibhu Rai, learned counsel for the respondent.
2. By means of this petition under Article 226 of the Constitution of India,
petitioner has prayed for a mandamus directing the respondent no. 2,
Nagar Ayukta, Nagar Nigam, Gorakhpur to decide the
representation/application dated 02.02.2026 submitted by the petitioner,
wife of late Gopal, seeking issuance of death certificate of her husband
Gopal.
3. According to pleadings, petitioner's husband late Gopal had been found
missing since 10.08.2015 and after 7 years of the missing report, civil
death has taken place and now the petitioner is seeking issuance of death
certificate of her husband.
4. Per contra, learned counsel for the respondent submits in case of a
person missing for last 7 years and his whereabouts are not known then
aggrieved person requires to obtain decree from the competent court to
declare civil death.
5. Learned counsel for the petitioner submits that the petitioner has
already filed a declaratory suit before the competent court.
6. In such view of the matter, no such direction can be issued unless the
petitioner obtains a decree from the competent court. After obtaining the
WRIC No. 35647 of 2026
2
said decree, petitioner may apply for death certificate, if so advised.
7. With the aforesaid liberty, this petition is consigned to records.
(Siddharth Nandan,J.) (Ajit Kumar,J.)
September 16, 2026
A.K.Srivastava
Digitally signed by :-
ARUN KUMAR SRIVASTAVA
High Court of Judicature at Allahabad
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