1 2025:CGHC:48967 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 5075 of 2025 Sanita Bai Kosale W/o Late Basant Kumar Kosale Aged About 36 Years R/o Village Amadad, Police Station- Rajgamar, District : Korba, Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Panchayat And Rural Development Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, Chhattisgarh 2 - Collector Korba, District : Korba, Chhattisgarh 3 - Panchayat Secretary Village Panchayat, Amadad, Police Station- Rajgamar, Tahsil- Korba, District : Korba, Chhattisgarh ---- Respondents For Petitioner : Ms. Maya Chaturvijani, Advocate For State-respondent : Mr. Soumitra Kesharwani, PL Hon'ble Shri Justice Arvind Kumar Verma Order on Board 24/09/2025 1. With the consent of counsel for the parties, the matter is heard finally. VASANT KUMAR Digitally signed by VASANT KUMAR Date: 2025.09.26 11:14:08 +0530 2 2. By way of this petition, petitioner sought following relief(s) : “10.1 That, this Hon'ble Court may kindly be pleased to issue a writ in the nature of mandamus directing the respondent No.3 to consider and decide the petitioner's representation dated 31.07.2025 forthwith and issue a duplicate copy of the death certificate of Late Basant Kumar Kosale (deceased on 13.06.2023) to the petitioner within a time-bound period i.e.15 days from the date of order. 10.2 That, this Hon'ble Court may kindly be pleased to issue a writ in the nature of mandamus directing the respondent authorities to ensure that no third party, including Birbal Kosale, misuses the original death certificate to claim or alienate any property or benefits belonging to the deceased, pending issuance of the duplicate to the petitioner. 10.3 That, any appropriate writ, direction or order may also kindly be passed in favour of the petitioner, which this Hon'ble Court deems fit in the circumstances of the case.” 3. Learned counsel for the petitioner contended that the petitioner has filed the instant writ petition before this Hon'ble Court seeking д direction to the respondent No.3/Panchayat Secretary, Village Panchayat, Amadad, Tahsil Korba (C.G.) to issue a duplicate copy of death certificate of the petitioner's husband namely Basant Kumar Kosale. The petitioner, widow of Late Basant Kumar Kosale who passed away on 13.06.2023, was falsely implicated in his murder by her brother-in-law Birbal Kosale with the motive to usurp family property, including PF, gratuity, and ancestral assets. She was acquitted vide judgment dated 21.01.2025 in Sessions Case 3 No. 119/2023. The said brother-in-law deceitfully obtained the original death certificate from the Village Panchayat during her judicial custody. The petitioner, as the legal heir, applied for a duplicate death certificate on 31.07.2025 to Respondent No.3 (Panchayat Secretary), but no action has been taken. Hence, this writ petition under Article 226 seeking mandamus directing Respondent No.3 to issue the duplicate death certificate forthwith, in the interest of justice and to protect the rights of the petitioner and her minor sons. 4. Learned State counsel contended that as limited prayer made by learned counsel for the petitioner, the concerned respondent authority is ready to decide the representation made by the petitioner Annexure P-2 dated 31.07.2025 in accordance with law, if already not decided. 5. I have heard learned counsel for the parties and perused the record with utmost circumspection. 6. Considering the facts of the case and submission made by counsel for the respective parties, this writ petition is disposed of directing to respondent No.3 – Panchayat Secretary, Village Panchaya - Amadad, PS Rajgamar, Tahsil & District Korba (C.G.) to decide the representation made by the petitioner on 31.07.2025 (Annexure P- 2) expeditiously preferably within an outer limit of ‘15 days’ from 4 the date of receipt of copy of this order, in accordance with rules, regulations and law. 7. With the aforesaid direction, this petition stands disposed of. Sd/- (Arvind Kumar Verma) Judge Vasant