1 APHC010092622026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] WEDNESDAY,THE TWENTY FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 5267/2026 Between: 1. ADAPA VENKATESWARI, W/O. SOMESWARABALA GANGADHARA APPARAO (LATE) AGED 59 YEARS, R/O.D.NO. 1-5-2, NODDANDAVARI STREET, KADAKATIA, TADEPALLIGUDEM, WEST GODAVARI DISTRICT. - 534101 ...PETITIONER AND 1. THE STATE OF AP, REPRESENTED BY ITS PRINCIPAL SECRETARY MUNICIPAL ADMINISTRATIONDEPARTMENT SECRETARIAT, VELAGAPUDI, AMARAVATI, THULLUR MANDAL, GUNTUR DISTRICT. - 522238 2. THE DISTRICT COLLECTOR, WEST GODAVARI DISTRICT, BHIMAVARAM. - 534201 3. THE SUBDIVISIONAL POLICE OFFICER/ DEPUTY SUPERINTENDENT OF POLICE, TADEPALLIGUDEM DIVISION, TADEPALLIGUDEM, WEST GODAVARI DISTRICT. 534101 4. THE STATION HOUSE OFFICER, TADEPALLIGUDEM TOWN POLICE STATION, TADEPALLIGUDEM, WEST GODAVARI DISTRICT. - 534101 5. THE MANDAL EXECUTIVE MAGISTRATE AND TAHSILDAR, TADEPALLIGUDEM MANDAL WEST GODAVARI DISTRICT. - 534101 2 6. THE TADEPALLIGUDEM MUNICIPALITY, REPRESENTED BY ITS COMMISSIONER, TADEPALLIGUDEM, WEST GODAVARI DISTRICT. - 534101 ...RESPONDENT(S): Counsel for the Petitioner: 1. V SATYANARAYANA NEKKANTI Counsel for the Respondent(S): 1. GP FOR HOME 2. GP FOR REVENUE 3. SIREESHA RANI VALLABHANENI SC For MUNICIPALITIES 4. GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following: ORAL ORDER: Heard Sri K. Rambabu, learned Counsel appearing on behalf of Sri V. Satyanarayana Nekkanti, learned Counsel for the Writ Petitioner, Sri B. Ramesh, learned Assistant Government Pleader for Revenue and Smt. Sireesha Rani Vallabhaneni, learned Standing Counsel for Tadepalligudem Municipality (Respondent No.6). 2. Smt. Sireesha Rani Vallabhaneni, learned Standing Counsel for Tadepalligudem Municipality, has submitted the Written Instructions furnished by the Commissioner of Tadepalligudem Municipality dated 24.02.2026 along with the Operational Guidelines for the Birth and Death Registrars as per the Registration of Birth and Death Act, 1969. Copy of it is supplied to the learned Counsel for the Writ Petitioner and the same is taken on record. 3. Smt. Sireesha Rani Vallabhaneni, learned Standing Counsel for Tadepalligudem Municipality, has drawn the attention of this Court to the Operational Guideline No.7, which is usefully extracted hereunder: 3 “7. Registration of Missing persons: The missing case shall be determined only on expiry of 7(seven) years and not earlier, from the date of filing FIR with local police station and on receipt of untraceable repot with a written order by the Magistrate of the first class or a Presidency Magistrate. The date and place of death may be determined by the competent court/authority on the basis of documentary evidence produced before the court or where the person was last seen as per police records. Therefore, the death registration of missing persons shall be registered only after issue of non- traceable certificate (after 7 years) by the Magistrate of the first class or a Presidency Magistrate, FIR copy and Form No.2 issued by the station house officer i.e., Police department. Mandal Executive Magistrate order is not a valid document to register the missing event.” 4. The Operational Guideline No.7 is self-explanatory that the Applicant is required to approach the Judicial Magistrate of the First Class along with necessary documents. 5. At this stage, Sri K. Rambabu, learned Counsel appearing for the Writ Petitioner seeks to withdraw this Writ Petition with liberty to approach the Judicial Magistrate of the First Class. 6. Having noted the same, request is granted. 7. Accordingly, this Writ Petition is dismissed as withdrawn with liberty to the Writ Petitioner to approach the Judicial Magistrate of the First Class by filing the necessary Application and relevant documents. No order as to costs. 8. Having considered the fact that the Writ Petitioner, who is aged about 59 years, is seeking grant of Death Certificate of her husband for the purpose of being entitled for receiving Widow Pension, upon submission of the Application, the learned Judicial Magistrate of the First Class, Tadepalligudem is requested to dispose of the Application in accordance with law, preferably within a period of three (3) months from today. 4 9. Interlocutory Applications, if any, stand closed in terms of this order. ______________________________________ GANNAMANENI RAMAKRISHNA PRASAD, J Dt:25.02.2026 Vns