SMT LAXMIBAI PANDURANGASA KHODE v. THE HUBLI-DHARWAD MUNICIPAL CORPORATION
WP/106222/2025 · 2025-10-16
Anant Ramanath Hegde
body2025
DailyLaw.ai
[ 2025 DAILYLAW 53446 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 53446 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC-D:14008 WP No. 106222 of 2025
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 16TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
WRIT PETITION NO.106222 OF 2025 (LB-RES)
BETWEEN:
SMT. LAXMIBAI PANDURANGASA KHODE W/O. LATE PANDURANGASA YALLAPPASA KHODE, AGED ABOUT 62 YEARS, OCC: HOUSEHOLD, R/O. KHODE COMPLEX, MAHAVEER GALLI, HUBBALLI-580020, DHARWAD DISTRICT. …PETITIONER (BY SRI. GANESH RAIBAGI, ADVOCATE)
AND:
1. THE HUBLI-DHARWAD MUNICIPAL CORPORATION, REPRESENTED BY ITS COMMISSIONER, HUBBALLI-580020, DHARWAD DISTRICT. 2. THE ZONAL OFFICER ZONE NO.7, HUBLI DHARWAD MUNICIPAL CORPORATION, AKSHAY PARK, GOKUL ROAD, HUBBALLI-580030. …RESPONDENTS (BY MISS. JOSHNA DHANVE, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER, OR DIRECTION, QUASHING THE IMPUGNED ORDER BEARING NO. £ÀA.JZï.r.JªÀiï.¹.ªÀ.PÀ.£ÀA.07/2023-24 DATED 03.01.2024, PASSED BY THE RESPONDENT NO.2, PRODUCED AT ANNEXURE-C AND ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER, OR DIRECTION, DIRECTING THE RESPONDENTS TO RECONSIDER THE
CHANDRASHEKAR LAXMAN KATTIMANI Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.10.18 07:57:13 +0100
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HC-KAR NC: 2025:KHC-D:14008 WP No. 106222 of 2025
PETITIONER’S APPLICATION (ANNEXURE-B) AND CONDUCT A FRESH, FAIR, AND PROPER INQUIRY, AFTER PROVIDING HER AN ADEQUATE OPPORTUNITY OF BEING HEARD AND ETC. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE)
1. This writ petition is filed seeking to quash the endorsement dated 03.01.2024, issued by respondent No.2 and to direct the respondents to consider the petitioner's application for issuing death certificate of petitioner's husband. 2. It appears that the petitioner's husband is no more and petitioner has filed an application for issuing death certificate of her late husband-Pandurangsa Yallappa Kode, who according to the petitioner died on 01.06.2021. 3. The Corporation has issued an endorsement dated 03.01.2024, stating that the information was not available about the death of petitioner's husband. - 3 -
HC-KAR NC: 2025:KHC-D:14008 WP No. 106222 of 2025
4. Since the petitioner makes a statement that her husband is dead, the endorsement dated 03.01.2024, be treated as the ‘Unavailability Certificate’ (Alabhya Pramana Patra). 5. If the petitioner intends to get her husband's death registered, the petitioner shall approach the competent Court.
Thereafter, the competent Court shall proceed in accordance with law and if it is established that the petitioner's husband is no more, then pass further orders as required under the Karnataka Registration of Birth and Death Act. 6. The writ petition stands disposed of. 7. It is made clear that this Court has not declared that the petitioner's husband is ‘no more’ and that question is to be decided by the competent Court. Sd/- (ANANT RAMANATH HEGDE) JUDGE
AM Ct:vh List No.: 1 Sl No.: 42