Extracted from the PDF above. The PDF is authoritative.
APHC010054922026
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] THURSDAY, THE FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 3324/2026 Between:
1. SURISETTI NARAYANA, S/O. SATYAM, AGED ABOUT 57 YEARS, OCC LIC AGENT, R/O. D.NO.6-181, SIVAJINAGAR, K. KOTAPADU VILLAGE, ANAKAPALLI MANDAL VISAKHAPATNAM DISTRICT.
...PETITIONER AND
1. THE STATE OF AP, REPRESENTED BY ITS PRINCIPAL SECRETARY
PANCHAYATH RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS,
VELAGAPUDI, GUNTUR, GUNTUR DISTRICT. 2.
2. THE DISTRICT PANCHAYATH OFFICER, ANAKAPALLI DISTRICT AT ANAKAPALLI. 3.
3. THE TAHSILDAR, K. KOTHAPADU MANDAL
ANAKAPALLI DISTRICT. 4.
4. THE MANDAL PARISHAD DEVELOPMENT OFFICER, K. KOTAPADU MANDAL, ANAKAPALI DISTRICT. 5.
5. THE EXTENSION OFFICER PR RD, K. KOTAPADU MANDAL, ANAKAPALLI DISTRICT 6.
6. GULLEPALLE GRAM PANCHAYATH, REP., BY ITS PANCHAYATH SECRETARY, K. KOTHAPADU MANDAL, ANAKAPALLI DISTRICT
...RESPONDENT(S):
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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 to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents especially the 6TH respondent in resorting to cancel the death certificate, dated 10-07-2024 issued in-favour of the petitioner certifying that his wife by name Smt. Karri Nukalamma, W/o. Surisetti Narayana died on 14-05-2024., without issuing any notice, opportunity and without conducting any enquiry., as illegal arbitrary and unconstitutional., and consequently direct the respondents not to cancel the Death Certificate, dated 10-07-2024 issued infavour of the petitioner., and to pass IA NO: 1 OF 2026 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 to direct the respondents not to cancel the Death Certificate, dated 10-07-2024 issued by the 6TH respondent infavour of the petitioner without following the due process of law., and pass Counsel for the Petitioner:
1. G VENKATA REDDY Counsel for the Respondent(S):
1. GP FOR PANCHAYAT RAJ RURAL DEV The Court made the following:
:: ORDER ::
Heard Sri G.Venkata Reddy, learned counsel for the petitioner, Sri P.Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj and Rural Development for the respondents 1 and 2, learned Assistant Government Pleader for Revenue for the 3rd respondent and Sri Chaitanya,
learned counsel representing Sri Y.Koteswara Rao, learned Standing counsel for the respondents 4 to 6.
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2. The petitioner filed the above writ petition to declare the action of the 6th respondent in attempting to cancel the death certificate dated 10.07.2024 (Ex.P1), issued to the petitioner upon the date of his wife, late Smt. Karri Nukalamma, who died on 14.05.2024, without issuing any notice to the petitioner, as illegal and arbitrary.
3.
Learned counsel for the petitioner would submit that the petitioner initially married Smt. Krishna Kumari and, out of marriage, they are blessed with two children. Later, the petitioner married late Smt. Karri Nukalamma on 15.09.2001 in Sri Mallikarjuna Swamy Temple, Arli Village, K.Kotapadu Mandal. Late Smt. Karri Nukalamma died on 14.05.2024 and the 6th respondent issued a death certificate dated 10.07.2024 (Ex.P1).
4. Be that as it may, the petitioner came to know that the 6th respondent is attempting to cancel the death certificate dated 10.07.2024 (Ex.P1) and hence, the above writ petition is filed.
5. Sri Chaitanya, learned counsel representing Sri Y.Koteswara Rao, learned Standing counsel for the respondents 4 to 6, submitted instructions of the Mandal Parishad Development Officer, Mandal Praja Parishad, K.Kotapadu.
6. As seen from the instructions, in pursuance of the letter issued by the DMHO, Anakapalli, the authority inquired upon the issuance of a death certificate of late Smt. Karri Nookalamma of Gullepalle Gram Panchayat of K.Kotapadu Mandal and submitted a report to DMHO, Anakapalli. The inquiry
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was conducted as per the directions of the DMHO, Anakapalli for the purpose of internal departmental inquiry. The death certificate dated 10.07.2024 (Ex.P1) is still in force. Learned counsel would also submit that as per the Registration of Births and Deaths Act, 1969 and the Andhra Pradesh Registration of Births and Deaths Rules, 1999, the Registrar is the competent authority to cancel a death certificate if it is found to be false, incorrect or fraudulent. Learned counsel would further submit that the authority will follow the due procedure if they intend to cancel the death certificate dated 10.07.2024 (Ex.P1).
7. Given the facts and circumstances of the case, the writ petition is
disposed of, at the state of admission, with the consent of all the learned counsel, directing the ‘competent authority’ to follow the due procedure in respect of the death certificate dated 10.07.2024 (Ex.P1) There shall be no
order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed.
___________________________ JUSTICE SUBBA REDDY SATTI Date: 05.02.2026 SNI
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155 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI
WRIT PETITION NO: 3324 OF 2026
Date: 05.02.2026 SNI