- 1 - HC-KAR NC: 2025:KHC-D:9559 WP No. 103873 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 1ST DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 103873 OF 2025 (GM-RES) BETWEEN: RAJESHWARI VADALMUDI @ V RAJESHWARI W/O. YELANATI ELIAS, AGE. 58 YEARS, OCC. HOUSEHOLD WORK, R/O. NO.4 WAMBAY PLOT, JANATA COLONY, NEAR SAMUDAYA BHAVAN, GANDHIWAD, NEAR GADAG ROAD, HUBBALI, DIST. DHARWAD-580020. …PETITIONER (BY SRI. ANAND KUMAR K., ADVOCATE) AND: 1. DEPUTY COMMISSIONER, DHARWAD, DIST. DHARWAD-02. 2. ASSISTANT COMMISSIONER, ZONAL OFFICE NO.-6 HUBBALLI DHARWAD CITY CORPORATION, HUBBALLI-03. …RESPONDENTS (BY SRI. SHARAD V.MAGADUM, ADDL. GOVT. ADVOCATE FOR R1; SRI. G.I. GACHCHINAMATH, ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ENDORSEMENT DATED 03-03-2023 NO.H.D.M.C/VAK06/2023-24 ANNEXURE- H AND ENDORSEMENT DATED 16-05-2023 NO. H.D.M.C/VaK06/2023-24 ANNEXURE-J PASSED BY THE 2ND RESPONDENT AND ALSO TO DIRECT RESPONDENT NO.2 TO ISSUE THE DEATH CERTIFICATE, CLAIM OF THE PETITIONER BY CONSIDERING THE REPRESENTATIONS OF THE PETITIONER DATED 15-02-2023,15-03-2023 AND 11-04-2023, IN THE ENDS OF JUSTICE AND EQUITY. Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:9559 WP No. 103873 of 2025 THIS WRIT PETITION IS COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking for the following reliefs: A) Issue a writ of certiorari to quash endorsement dated 03-03-2023 No.H.D.M.C/vak06/2023-24 Annexure- H, passed by the 2nd respondent and issue a writ of certiorari to quash endorsement dated 16-05-2023 No. H.D.M.C/Vak06/2023-24 Annexure-J, passed by the 2nd respondent. B) A writ in the nature of mandamus or any other writ or direction in the nature of writ directing the Respondent No.2 to issue the death certificate, claim of the petitioner by considering the representations of the petitioner dated 15-02- 2023,15-03-2023 and 11-04-2023, the copies of which have been produced at annexure a, a1 and a2. C) Any other writ or direction in the nature of writ which this honourable court deems fit to grant in the facts and circumstances of the case may kindly be granted in favour of the petitioner along with cost of this petition in the ends of justice and equity. 2. The petitioner 2nd wife had made an application for the issuance of a certified copy of the death certificate of her husband Yelanati Elias, who expired on 08.11.2022. The said application was rejected by - 3 - HC-KAR NC: 2025:KHC-D:9559 WP No. 103873 of 2025 respondent No.2 on the ground that she is the second wife and a succession certificate would have to be obtained by her. 3. Learned counsel for the petitioner submits that what the petitioner seeks for is a Death Certificate as is entered in the register of births and deaths and the petitioner is not seeking for entry of her name in the said certificate. 4. If that be so, there would be no embargo for the respondents to have issued a copy of the Death Certificate as available on the records. Hence, I pass the following: ORDER i) Writ petition is allowed. ii) A certiorari is issued, the endorsements at Annexures-H and J are quashed. - 4 - HC-KAR NC: 2025:KHC-D:9559 WP No. 103873 of 2025 iii) The respondents are directed to issue a copy of the Death Certificate of Yelanati Elias as available on the records of respondent No.2 within a period of 4 weeks from the date of receipt of certified copy of this order. Sd/- (SURAJ GOVINDARAJ) JUDGE AM/- CT: UMD List No.: 1 Sl No.: 72