Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 51777 (ALL)

SMT. NEELAM DEVI v. STATE OF UTTAR PRADESH AND 5 OTHERS

WRIC/13722/2025 · 2025-10-09

Saral Srivastava, Sudhanshu Chauhan

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 13722 of 2025 Court No. - 40 HON'BLE SARAL SRIVASTAVA, J. HON'BLE SUDHANSHU CHAUHAN, J. 1. Heard learned counsel for the petitioner, learned Standing Counsel for the State respondents and Sri Sunil Kumar Upadhyay, learned counsel for the respondent No. 6. 2. The petitioner by means of the present writ petition has prayed for the following reliefs:- "(i) Issue a writ, order or direction in the nature of ad-interim mandamus, commanding and directing the authority concern to issue death certificate of the petitioner's husband and also direct the Respondent No.2 to consider and decide the representation dated 18.11.2024 made by the petitioner with in stipulated period as fixed by the Hon'ble Court. (ii) Issue a writ, order or direction in the nature of ad-interim mandamus, commanding and issue an original death certificate of the petitioner's husband which mentioning her name as her wife." 3. The grievance of the petitioner is that respondent no. 6 has obtained a death certificate of one Late Rajeev Kumar by representing herself to be his wife. The petitioner, however, claims that she is the legally wedded wife of Late Rajeev Kumar, and not respondent no. 6. It is contended that the death certificate has, therefore, been wrongly issued in favour of respondent no. 6. 4. The question as to whether the petitioner or respondent no. 6 is the legally wedded wife of Late Rajeev Kumar is a disputed question of fact, which cannot be adjudicated by this Court in the exercise of its writ jurisdiction under Article 226 of the Constitution of India, as the said disputed question Versus Counsel for Petitioner(s) : Pushpendra Kumar, Ramdhan Counsel for Respondent(s) : C.S.C., Sunil Kumar Upadhyay Smt. Neelam Devi .....Petitioner(s) State Of Uttar Pradesh And 5 Others .....Respondent(s) can be decided on the basis of evidence on record. 5. In such view of the fact, this Court is of the opinion that the present writ petition is not the appropriate remedy for resolving such disputed factual issues. Accordingly, the writ petition is dismissed, with liberty to the petitioner to avail appropriate remedy available under law. October 10, 2025 Gaurav WRIC No. 13722 of 2025 2 (Sudhanshu Chauhan,J.) (Saral Srivastava,J.) Digitally signed by :- GAURAV PATEL High Court of Judicature at Allahabad