Priyanka Devi v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6502 of 2019 ====================================================== Priyanka Devi, wife of Late Harendra Kumar (CRPF No. 941144318), resident of Village- Majrohi, Raghu Nandan, P.S.- Sahdei Bujurg O.P. District- Vaishali, at present residing at the Village- Sarangpur East, P.S.- Tajpur (Halai), District- Samastipur.

... ... Petitioner/s

Versus

1.

The Union of India through the Home Secretary, Govt. of India, New Delhi. 2.

The Officer Commanding, G/70 BN CRPF, Kolab Nagar, Orissa. 3.

The Commandant, 70 BN, CRPF, Bawana Camp, New Delhi. 4.

The State of Bihar through the Principal Secretary, Home Department, Govt. of Bihar, Patna.

5.

The District Magistrate, Vaishali.

6.

The Superintendent of Police, Vaishali.

7.

The District Statistical Officer, Vaishali at Hajipur. 8.

The Block Development Officer-cum-Block Statistical Officer, Sahdei Bujurg, District- Vaishali.

9.

The Officer In-Charge, Sahdei O.P. Desari, P.S.- Vaishali, District- Vaishali. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dilip Kumar Roy, Advocate For the Respondent/s :

Mr. H.S. Sundaram AC to SC-8 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL JUDGMENT Date : 23-04-2019 The petitioner seeks a direction to the respondents for providing her a certificate of death of her husband, who is traceless for more than seven years.

2. It is the case of the petitioner that her husband, after taking leave from duty was coming back home but he never arrived. No trace of him is to be found.

3. From the writ petition, it can be inferred that on

Patna High Court CWJC No.6502 of 2019 dt.23-04-2019 2/2 20.01.2005, an information with regard to the husband of the petitioner going traceless was lodged which was recorded as Station Diary No. 370 of 2005 in the Sahdei Police Station.

4. The certificate which the petitioner is desirous of, cannot be given by the respondent Nos. 2 and 3 as they are, under law, no authority to issue such a certificate.

5. The petitioner will have to approach the competent forum/court for such certificate.

6. No order in the nature of mandamus can be issued in the present petition and the petitioner will have to seek her remedy elsewhere.

7. The petition has no merits and it is dismissed. (Ashutosh Kumar, J) Shageer/- AFR/NAFR NAFR CAV DATE NA Uploading Date 27/04/2019