HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 33363 of 2025 Court No. - 40 HON'BLE SARAL SRIVASTAVA, J. HON'BLE AMITABH KUMAR RAI, J. 1. Heard learned counsel for the petitioner. 2. The petitioner by means of the present writ petition has prayed for the following relief:- "i. Issue a writ, order or direction in the nature of mandamus commanding the respondent no.2 to issue death certificate of the husband of petitioner namely Lata Amit Kumar S/o Late Ranvir, R/o Mohalla & Police Station Ajitmal, District Auraiya who is missing w.e.f. 27.08.2020. ii. Issue a writ, order or direction in the nature of mandamus commanding the respondent no.2 to decide the representation dated 08.07.2025 (Annexure No.4) made by the petitioner. iii. Issue any other suitable writ, order or direction which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case. iv. Award the cost of writ petition." 3. Learned counsel for the petitioner submits that husband of the petitioner is missing since 2020, and therefore, there is a presumption of civil death of husband of petitioner. Thus, it is submitted that a direction be issued to respondent no.2 to issue death certificate of husband of petitioner. 4. Be that as it may, if petitioner's husband is missing since 2020, the petitioner has to seek a decree of civil death from a competent Civil Court, and without having any decree of civil death, no death certificate can be issued. Versus Counsel for Petitioner(s) : Ashok Kumar Counsel for Respondent(s) : C.S.C. Smt. Priyanka Yadav .....Petitioner(s) State of U.P. and Another .....Respondent(s) 5. In such view of the fact, the writ petition being misconceived is dismissed with liberty to the petitioner to avail appropriate remedy available in law. September 22, 2025 Sattyarth WRIC No. 33363 of 2025 2 (Amitabh Kumar Rai,J.) (Saral Srivastava,J.) Digitally signed by :- SATTYARTH ANAND High Court of Judicature at Allahabad