Neutral Citation No. - 2025:AHC:142697-DB Court No. - 40 Case :- WRIT - C No. - 15517 of 2020 Petitioner :- Jai Prakash Mishra Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Satish Kumar Yadav Counsel for Respondent :- Brij Raj Singh,Brijraj Singh,C.S.C.,Chandan Singh Hon'ble Saral Srivastava,J. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard learned counsel for the petitioner, learned Standing Counsel for the State-respondent and Sri Brij Raj Singh, learned counsel for respondent no.4. 2. Petitioner being aggrieved by an order dated 27.06.2020 passed by respondent no.4-Executive Officer, Nagar Panchayat Bewar, Mainpuri, by which, the death certificate of late Smt. Santosh Tiwari bearing death certificate no. D-2016:9-90194-000111 dated 13.12.2016 has been cancelled. 3. Challenging the said order, learned counsel for the petitioner has contended that the petitioner was married to late Smt. Santosh Tiwari on 04.02.1998 and this fact is evident from various documents brought on record through Annexure no.1. It is submitted that it is evident from the pass-book of the State Bank of India in respect to joint saving account of petitioner along with late Smt. Santosh Tiwari and also from the i-card issued by Election Commission of India and Adhar Card that petitioner was the husband of late Smt. Santosh Tiwari and therefore, the respondent no.4 has committed manifest illegality in cancelling the death certificate. It is contended that the petitioner has also submitted his reply to the show cause notice dated 20.06.2020 which has not been considered by the respondent-authority. 4. The question as to whether the petitioner was married with late Smt. Santosh Tiwari is a question of fact which can be determined only on the basis of evidence. It appears from the record that petitioner has submitted reply to the show cause notice but the same was not considered by the respondent no.4. 5. In such view of the fact, the writ petition is disposed off permitting the petitioner to file a detailed objection along with necessary evidence on record which proves the petitioner was married to late Smt. Santosh Tiwari within a period of one month from today. In case any such objection is filed by the petitioner against the impugned order dated 27.06.2020, the respondent no.4- Executive Officer, Nagar Panchayat Bewar, Mainpuri shall decide the same strictly in accordance with law after giving due notice and opportunity of hearing to the petitioner within a period of two months from the date he receives the objection. Order Date :- 20.8.2025 Mohit (Arun Kumar Singh Deshwal,J.) (Saral Srivastava,J.) Digitally signed by :- MOHIT KUMAR KUSHWAHA High Court of Judicature at Allahabad