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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 35840 of 2025 Court No. - 40 HON'BLE SARAL SRIVASTAVA, J.
HON'BLE SUDHANSHU CHAUHAN, J.
1. Heard learned counsel for the petitioner and learned Standing Counsel for the respondents No.1 to 3.
2. The petitioner by means of the present writ petition has prayed for the following reliefs:-
"A. Issue a writ, order or direction in the nature of mandamus, directing the respondent authority specially Respondent No. 2 and 4 to issue the Death Certificate of the Petitioner's father namely Nirmal Chandra S/o Ram Autar, resident of Ramnagar, Primary School ke paas, District Etawah, who has been missing since
2008. B. Issue a writ, order or direction in the nature of mandamus, directing the respondent no. no. 2 and 4 to consider and decide the recent representation dated 09.09.2025 submitted by petitioner in relation to issue the Death Certificate of the Petitioner's father namely Nirmal Chandra S/o Ram Autar, resident of Ramnagar, Primary School ke paas, District Etawah, who has been missing since 2008, in the interest of justice. C. Issue any other suitable Writ, order or direction which this Hon'ble Court may deem fit and proper under the circumstances of the case. D. Award the cost of the Petition to the Petitioner."
3. According to the petitioner, his father is missing for the last 17 years. Accordingly, he has submitted an application for issuance of death certificate to the respondent No.4-Chief Executive Officer, Nagar Palika Parishad, Etawah.
4. It is a case of missing of more than 17 years and therefore, the petitioner Versus Counsel for Petitioner(s) : Awadhesh Singh, Parvat Singh Counsel for Respondent(s) : C.S.C. Manish .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s)
has to seek declaration of civil death with regard to death of his father and without there being any decree of declaration of civil death of his father, no death certificate can be issued.
5. In such view of the fact, the writ petition is dismissed with liberty to the petitioner to avail appropriate remedy seeking decree of declaration of civil death of his father and thereafter may submit an application for issuance of the death certificate. October 14, 2025 SS WRIC No. 35840 of 2025 2 (Sudhanshu Chauhan,J.) (Saral Srivastava,J.) Digitally signed by :- SUNIL KUMAR SHARMA High Court of Judicature at Allahabad