Neutral Citation No. - 2025:AHC-LKO:19665 Court No. - 18 Case :- WRIT - A No. - 3793 of 2025 Petitioner :- Smt. Shashi Tiwari Respondent :- State Of U.P. Thru. Prin. Secy. Medical Health And Family Welfare Lko. And 4 Others Counsel for Petitioner :- Dheerendra Kr. Agnihotri Counsel for Respondent :- C.S.C. Hon'ble Karunesh Singh Pawar,J. 1. Vakalatnama filed by Shri Lalit Kishore Tiwari on behalf of respondent No.5 is taken on record. 2. Heard learned counsel for the petitioner, learned Standing Counsel for respondent Nos.1 to 4 and learned counsel for the respondent No.5. 3. By this petition, the petitioner has prayed for issuance of writ of Mandamus seeking direction to the opposite parties for considering her representation dated 18.09.2024 and decide the same. 4. Perused the record. 5. It appears from perusal of the record that earlier petitioner filed a Writ Petition No.10113/2024 (Smt. Shashi Tiwari vs. State of U.P. and others) which was disposed of with a direction to the Superintendent of Police, Sitapur to decide the representation of the petitioner. 6. Upon a query being made by the court from learned counsel for the petitioner as to whether in pursuant to the order passed by this Court dated 25.10.2024 in the aforesaid writ petition, the decision has been taken by the Superintendent of Police, Sitapur or not to which he has submitted that representation has not been decided. 7. Learned counsel appearing for the respondent No.5 has opposed the contention and has submitted that petitioner's representation has already been decided which has been challenged by him by filing Writ-A No.1602 of 2025. He has further drawn attention of the court towards the order dated 31.12.2024 passed by the Superintendent of Police, Sitapur. 8. On perusal of the record of Writ-A No.1602 of 2025 which is also listed today in the regular cause list shows that the representation given by the petitioner has been decided in compliance of the direction issued by the Court in Writ A No.10113 of 2024 (supra) however, again a petition has been filed seeking disposal of the representation by this present petitioner and petitioner has tried to mislead the court by not responding the query by stating that his representation has not been decided however, while filing this writ petition an additional prayer has been made to consider the petitioner's representation dated 18.09.2024 for rectification of defect in the death certificate of her husband namely Dinesh Tiwari. It appears that petitioner is filing successive writ petition for the same cause. 9. Further, it appears from the order dated 31.12.2024 that both the parties have made rival claims for providing pensionary benefits of the Late Dinesh Tiwari in their favour thereafter, an inquiry was conducted by Mr. Aman Singh, Circle Officer, Sitapur and as a consequent to the inquiry report, the pension proposal has been made in favour of Smt. Shashi Tiwari and has been forwarded to Police Headquarter, Lucknow and consequently, the directions have also been issued by the Superintendent of Police, Sitapur vide order dated 31.12.2024 to the pensionary benefits in favour of the petitioner. 10. The record further shows that while issuing the death certificate of the deceased Dinesh Tiwari, the name of one Ishmita Singh has been mentioned as his wife. The petitioner seems to be aggrieved by this wrong mention of name of Ishmita Singh in the death certificate of her husband. 11. Learned counsel for respondents have submitted that in case any person is aggrieved by any order of the Registrar, Births and Deaths he can file an appeal to the District Registrar under Section 25A(1)(i) of the Registration of Births and Deaths Act, 2023 within a period of thirty days from the date of such action or receipt of such order, as the case may be. The relevant Section 25-A of the Registration of Births and Deaths Act, 2023 is extracted below:- “25A. Appeal.-(1)Any person aggrieved by any action or order of,— (i)the Registrar, may prefer an appeal to the District Registrar; or (ii)the District Registrar, may prefer an appeal to the Chief Registrar, within a period of thirty days from the date of such action or receipt of such order, as the case may be, in such form and manner as may be prescribed. (2)The District Registrar or the Chief Registrar, as the case may be, shall decide the appeal referred to in sub-section (1) within a period of ninety days from the date of preferring of such appeal.” 12. A perusal of the aforesaid provision shows that alternative remedy is available to the petitioner for rectification/correction in the death certificate issued by the Registrar thus, no Mandamus can be issued for rectification of defect in the death certificate of the late Husband of the petitioner. 13. Accordingly, the writ petition fails and is accordingly dismissed on account of availability of alternative remedy however, it shall be open for the petitioner to avail the alternative remedy available to him as per law. 14. In the interest of justice, it is provided that in case petitioner files an appeal within fifteen days from today the same shall be decided by the authority concerned on merit within a further period of thirty days. Order Date :- 8.4.2025 Saurabh Yadav/- Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench