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2026 DAILYLAW 7417 (ALL)

MEERA DEVI v. STATE OF UTTAR PRADESH AND 2 OTHERS

WRIC/35647/2026 · 2026-09-15

Ajit Kumar, Siddharth Nandan

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 35647 of 2026 Court No. - 1 HON'BLE AJIT KUMAR, J. HON'BLE SIDDHARTH NANDAN, J. 1. Heard learned counsel for the petitioner and Ms. Shreya Trivedi holding brief of Sri Vibhu Rai, learned counsel for the respondent. 2. By means of this petition under Article 226 of the Constitution of India, petitioner has prayed for a mandamus directing the respondent no. 2, Nagar Ayukta, Nagar Nigam, Gorakhpur to decide the representation/application dated 02.02.2026 submitted by the petitioner, wife of late Gopal, seeking issuance of death certificate of her husband Gopal. 3. According to pleadings, petitioner's husband late Gopal had been found missing since 10.08.2015 and after 7 years of the missing report, civil death has taken place and now the petitioner is seeking issuance of death certificate of her husband. 4. Per contra, learned counsel for the respondent submits in case of a person missing for last 7 years and his whereabouts are not known then aggrieved person requires to obtain decree from the competent court to declare civil death. 5. Learned counsel for the petitioner submits that the petitioner has already filed a declaratory suit before the competent court. 6. In such view of the matter, no such direction can be issued unless the petitioner obtains a decree from the competent court. After obtaining the Versus Counsel for Petitioner(s) : Naveen Kumar Srivastava Counsel for Respondent(s) : C.S.C., Vibhu Rai Meera Devi .....Petitioner(s) State Of Uttar Pradesh And 2 Others .....Respondent(s) said decree, petitioner may apply for death certificate, if so advised. 7. With the aforesaid liberty, this petition is consigned to records. September 16, 2026 A.K.Srivastava WRIC No. 35647 of 2026 2 (Siddharth Nandan,J.) (Ajit Kumar,J.) Digitally signed by :- ARUN KUMAR SRIVASTAVA High Court of Judicature at Allahabad