1 APHC010478882025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] FRIDAY,THE TWENTY SIXTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 26648/2025 Between: 1. KOLLURU NALLAIAH, S/O. LATE BASAVAIAH, AGED 50 YEARS, PAINTER, R/O. SEETHARAMPURAM VILLAGE, PONNURU MANDAL, GUNTUR DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINICIPAL SECRETARY , REVENUE DEPARTMENT A.P. SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT 2. THE STATE OF A P, REP. BY ITS THE PRINCIPAL SECRETARY OF THE MEDICAL, HEALTH AND FAMILY WELFARE DEPARTMENT(CHIEF REGISTRAR FOR BIRTHS AND DEATHS) 3. THE DISTRICT COLLECTOR, GUNTUR DISTRICT. 4. THE REVENUE DIVISIONAL OFFICER, TENALI, REVENUE DIVISIONAL OFFICE, TENALI GUNTUR DISTRICT. 5. THE MANDAL REVENUE OFFICER/TAHSILDAR CUMTHE REGISTRAR OF BIRTHS AND DEATHS, PONNURU MANDAL, GUNTUR DISTRICT. 6. THE PONNURU MUNICIPALITY, ,REP. BY ITS COMMISSIONER, PONNURU MANDAL, GUNTUR DISTRICT. 7. RUDRAPATI NAVEEN VARDHAN, S/O. LATE YESU VARA PRASAD, AGED 25 YEARS, DR.NO.18-11-1, INDIRACOLONY, NEAR 2 LUTHERAN CHURCH, PONNURU NIDUBROLU ROAD, PONNURU MANDAL, GUNTUR DISTRICT. ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased topleased to issue any writ order or direction, more particularly one in the nature of Writ of Mandamus declare the rejection endorsement dt.20.05.2025 of the 6th Respondent in R.C.No.412/2025/ASO on the ground of high handed, illegal and contrary the provisions of the Registration of Births and Deaths Act and set aside the same, consequently direct the Respondents 1 to 6 to issue death certificate of Rudrapati Bharathi (died on 26.05.2025), W/o. Israel, @ Gopi of Ponnur and pass IA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to suspend rejection endorsement dt.20.05.2025 of the 6th Respondent in R.C.No.412/2025/ASO and direct the 6th Respondent to issue death certificate of Rudrapati Bharathi (died on 26.05.2025), W/o. Israel, @ Gopi of Ponnur till pending disposal of the Writ Petition, and pass Counsel for the Petitioner: 1. K H V SIVA KUMAR Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR MED HEALTH AND FAMILY WELFARE The Court made the following: ORDER: Heard Sri K.H.V.Siva Kumar, learned counsel for the petitioner and learned Assistant Government Pleader for Revenue, appearing for the respondents. 3 2. The petitioner challenges the endorsement dated 20.06.2025 of the 6th respondent in R.C.No.412/2025/ASO, refusing to issue death certificate of the deceased Late Rudrapati Bharathi, who died on 26.05.2025. 3. It is contended that the maternal aunt of the petitioner Smt. Rudrapati Bharathi died on 26.05.2025. The petitioner had approached the 6th respondent for issuance of a death certificate of late Smt. Rudrapati Bharathi. It is stated that the 6th respondent refused to issue the death certificate on the ground that it would cause a dispute among rival claimants. The petitioner contends that during the lifetime of the deceased Rudrapati Bharathi, she had executed the registered Will dated 15.04.2025 in favour of the petitioner in respect of the house bearing D.No.17-11-22, Mubarak Nagar, Ponnur Mandal, Guntur District. 4. Having regard to the same, unless the death certificate is produced before the competent authority for issuance of consequential proceedings viz., mutation etc., the said property to which the petitioner has succeeded by virtue of the Will, will not be able to enjoy the same and it is further contended that there is no prohibition under the provisions of Registration of Births and Deaths Act, 1969 (hereinafter referred to as 8the Act9) for issuance of death certificate. Thus, the respondents cannot refuse to issue death certificate on the pretext that there are rival claimants. 5. Having regard to the contentions advanced, this Court is of the view that the reasoning adopted by the authorities refusing to issue the death 4 certificate is irrational, since the provisions of 8the Act9 do not preclude the authorities from issuing the death certificate merely because there exists a dispute among rival claimants. 7. In view of the above, the Writ Petition is disposed of, granting liberty to the petitioner to file a fresh representation before the respondents. In the event such a representation is filed, the respondents are directed to consider the same and issue the death certificate of the deceased Smt. Rudrapati Bharathi, to the petitioner in accordance with law. 8. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, all pending miscellaneous applications shall stand closed. ______________________________ JUSTICE KIRANMAYEE MANDAVA Date:26.09.2025 MVK 5 636 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO:26648 of 2025 Date:26.09.2025 MVK