- 1 - HC-KAR NC: 2026:KHC-D:1497 WP No. 110036 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 3RD DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO.110036 OF 2025 (GM-RES) BETWEEN: SMT. HEMA W/O. LATE RAMKRISHNA NAYAK, AGE ABOUT 65 YEARS, OCC. HOUSEHOLD, R/O. NO.02, ARVIND NAGAR, KARWAR ROAD, OLD HUBBALLI, HUBBALLI, DIST. DHARWAD-580024. …PETITIONER (BY SRI. S.S. NIRANJAN, ADVOCATE) AND: 1. THE ZONAL COMMISSIONER, ZONAL OFFICE NO.5, HUBLI DHARWAD MUNICIPAL CORPORATION HUBBALLI, DIST. DHARWAD-580020. 2. THE CHIEF REGISTRAR BIRTH AND DEATH OFFICE, HUBLI DHARWAD MUNICIPAL CORPORATION HUBBALLI, DIST. DHARWAD-580020. 3. SMT. REKHA AGE ABOUT 63 YEARS, OCC. HOUSEHOLD, R/O. GROUND FLOOR, RENUKA OPPULANCE, Digitally signed by YASHAVANT NARAYANKAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC-D:1497 WP No. 110036 of 2025 AKSHAY COLONY, NEAR CHETANA COLLEGE, LADIES HOSTEL ROAD, VIDYANAGAR, HUBBALLI, DIST. DHARWAD-580021. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA, PRAYING TO A) ISSUE A WRIT IN THE NATURE OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT OR ORDER OR DIRECTION DIRECTING THE RESPONDENTS 1 TO 2 TO DISPOSE OF THE REPRESENTATION DATED 11.06.2025 (ANNEXURE-D) FORTHWITH OR WITHIN THE TIME THAT THIS HON’BLE COURT MAY FIX. B) ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR ORDER OR DIRECTION DIRECTING THE RESPONDENTS 1 TO 2 TO DELETE THE NAME OF RESPONDENT NO.3 FROM COLUMN NO.7 ENTRY DATED 05.10.2020 IN DEATH CERTIFICATE DECEASED PETITIONER HUSBAND DR.RAMAKRISHNA NAYAK, REGISTRATION NO.803083/T/D/2020/009491 AT ANNEXURE-F ISSUED BY RESPONDENT NO.1. C) SUCH OTHER ORDERS AS DEEMED FIT, INCLUDING AN ORDER AS TO COSTS, BE PASSED. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR NC: 2026:KHC-D:1497 WP No. 110036 of 2025 ORAL ORDER The present writ petition is filed seeking the following prayers: “Wherefore, the petitioner prays that this Hon’ble Court may be pleased to: a) issue a writ in the nature of mandamus or any other appropriate writ or order or direction directing the respondents 1 to 2 to dispose of the representation dated 11.06.2025 (Annexure-D) forthwith or within the time that this Hon’ble Court may fix. b) issue a writ in the nature of certiorari or any other appropriate writ or order or direction directing the respondents 1 to 2 to delete the name of respondent No.3 from Column No.7 entry dated 05.10.2020 in death certificate of deceased petitioner’s husband Dr.Ramkrishna Nayak, Registration No.803083/T/D/ 2020/009491 at Annexure-F issued by respondent No.1. c) such other orders as deemed fit, including an order as to costs, be passed. 2. It is the case of the petitioner that the petitioner was married to one Dr.Ramakrishna Nayak on 02.12.1984. In the wedlock, they are blessed with a son on 03.02.1992. The petitioner's husband died. The respondent No.3 joined as Aaya (nurse). Since from many years, she worked in the house of the petitioner's husband. During the lifetime of the deceased, he was - 4 - HC-KAR NC: 2026:KHC-D:1497 WP No. 110036 of 2025 addicted to consuming alcohol and was suffering from ill-health and he fell sick. During that time, the respondent No.3 used to take care of him as a nurse. When the husband of the petitioner had serious health problems, the respondent No.3 had informed the petitioner's son about the health problem. Then the petitioner's son advised her to admit his father to the hospital and at that time, the petitioner was in Ankola. Unfortunately, the petitioner’s husband died on 05.10.2020. After the death of the petitioner's husband, the petitioner approached the bank for withdrawal of the amount but she came to know that there is a fraud by respondent No.3 in withdrawing some amount from the petitioner’s husband's account as a nominee. Then, on 04.11.2020, the petitioner's son gave an application to the bank for re-transfer of the entire amount from the account of respondent No.3. The officials of the bank submitted that the respondent No.3 submitted death certificate of the deceased to withdraw the amount available in the account and in the said death certificate, her name was appearing as wife of the deceased. Then on 05.11.2020, the petitioner approached respondent No.1 and asked them on what basis the name of respondent No.3 was entered in the death certificate of the - 5 - HC-KAR NC: 2026:KHC-D:1497 WP No. 110036 of 2025 deceased, but till now they have not clarified the same. Thereafter, the petitioner approached the Senior Civil Judge and filed a suit in O.S.No.476/2023 wherein declaration, mandatory injunction and a direction to the respondent No.1 herein to delete the name of the respondent No. 3 herein and insertion of the name of the plaintiff i.e., petitioner herein was sought. 3. Learned counsel appearing for the petitioner submits that pending consideration of the said suit, when he made a representation to the official respondents to delete the name of respondent No.3 from the death certificate in Column No.7 but the official respondents are not acting upon the same. As such, there shall be a mandamus to the respondents to consider the said representation. It is also submitted that the official respondents are not appearing before the Court in the pending suit. 4. Having heard the learned counsel for the petitioner, perused the material on record. There is a dispute with regard to who is the wife of the deceased. Whether it is the petitioner or the third respondent. According to the respondent No.3, she is the wife of the deceased and her name is found in the death - 6 - HC-KAR NC: 2026:KHC-D:1497 WP No. 110036 of 2025 certificate and also shown as a nominee in the bank account. It prima facie appears that there is a dispute with regard to the relationship and therefore, the petitioner has rightly filed the suit. Pending consideration of the said suit by the Trial Court, there cannot be a representation to the official respondents, who are parties to the suit and also there cannot be a writ petition before this Court seeking a direction to the official respondents to consider the representation. In the considered opinion of this Court, the petitioner cannot maintain this writ petition seeking such a relief and this Court cannot issue a mandamus to the official respondents to consider the representation and delete the name of the respondent No.3. The only remedy available to the petitioner is to avail the appropriate remedy before the Civil Court where the suit is pending. Hence, this Court is passing the following: ORDER (i) The writ petition is disposed of giving liberty to the petitioner to prosecute the suit. - 7 - HC-KAR NC: 2026:KHC-D:1497 WP No. 110036 of 2025 (ii) All I.As., in this writ petition stand closed. Sd/- JUSTICE LALITHA KANNEGANTI YAN CT: UMD List No.: 1 Sl No.: 21