Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:39086-DB Court No. - 40 Case :- WRIT - C No. - 42904 of 2024 Petitioner :- Govind Prasad Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Anjeet Singh Counsel for Respondent :- C.S.C. Hon'ble Shekhar B. Saraf,J. Hon'ble Kshitij Shailendra,J.
1. Heard learned counsel appearing on behalf of parties. 2. The grievance of the writ petitioner is that the death certificate is not being issued to the petitioner though an application has already been filed by him and the same is pending consideration. 3. On 09.01.2025 following order was passed by this Court-:
"1. Issuance of death certificate to petitioner on account of death of his grandfather apparently is kept pending because there is no Executive Officer posted in Nagar Panchayat, Kishanpur, Fatehpur. This is reflected from the document appended at page 25 of the writ petition. 2. We cannot approve of the situation where routine actions at the level of statutory authority are withheld on account of non posting of concerned officer. 3. In the facts of the case, we direct the District Magistrate, Fatehpur to take appropriate steps so that an officer is posted in Nagar Panchayat, Kishanpur, Fatehpur and the pending application for issuance of death certificate is considered. If there is no regular Executive Officer available some alternative arrangement would be made by deputing any officer to hold the charge of such office. 4. List this case on 27.01.2025 as fresh, by when specific instructions would be obtained from the District Magistrate, Fatehpur and placed on record by filing an affidavit."
4. learned Standing Counsel has come up with instructions which reveal that pursuant to the application moved by the petitioner, certain reports were called and, ultimately, Case No.- 908 of 2025 has been registered. The reason for registering a case has been assigned as belated filing of the application. 5. Be that as it may, since the instructions reveal that the officers would issue the death certificate after disposal of the aforesaid case, we are of the view that matter has been kept pending by the authorities for the last more than one year and
thereafter the case has been registered after filing of this petition. Therefore, the Case No. 908 of 2025 requires expeditious disposal. 6.
Accordingly, the writ petition is disposed of directing the Sub-Divisional Magistrate concerned to decide the Case No.- 908 of 2025 in accordance with law within a period of eight weeks from the date a true attested copy of this order is filed before him and if there is no legal impediment, requisite death certificate shall be issued to the petitioner immediately after disposal of the said case. Order Date :- 18.3.2025 Virendra (Kshitij Shailendra, J.) (Shekhar B. Saraf, J.) Digitally signed by :- VIRENDRA KUMAR BHARTEEY High Court of Judicature at Allahabad