Padmini Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2492 of 2021 ====================================================== Padmini Kumari, Aged about 28 years, Female, Daughter of Kaushal Kishore, Resident of Village Naulakha, Post Office - Safiabad Munger, Police Station Kashimpur, District Munger ... ... Petitioner

Versus

1. The State of Bihar through the Secretary Department of Planning and Development Government of Bihar, Patna.

2. The Registrar (Birth and Death), Nagar Parishad, Munger, District Munger.

3. The Magistrate, Munger, District Munger

4. The Block Development Officer, Munger, District Munger.

5. The Workshop Personnel Officer for the Chief Works Manager, Eastern Railways, Jamalpur, District Munger.

6. The Chief Works Manager, Eastern Railways, Jamalpur Workshop, District Munger.

... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr.Md. Soban Asghar, Advocate For the Respondents :

Mr.Rajiv Roy, GP 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 07-04-2021 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. The grievance of the petitioner in the present writ application is for non-issuance of death certificate of father of the petitioner by Registrar (Birth and Death), Nagar Parishad, Munger, District Munger.

Learned counsel appearing on behalf of the petitioner submits that while undergoing treatment in B.H.U. Varanasi, father of the petitioner was found missing since 2005 and as such, till date his whereabouts is not known.

Patna High Court CWJC No.2492 of 2021(2) dt.07-04-2021 2/2 In the circumstances, learned counsel appearing on behalf of the petitioner submits that the respondents have to presume the father of the petitioner as dead and issue death certificate.

The issue requires scrutiny of fact and as such, the writ application is disposed of with liberty to the petitioner to approach the Registrar (Birth and Death), Nagar Parishad, Munger, District Munger (respondent no. 2) along with a copy of this order with all necessary documents. Thereafter respondent no. 2 will require to appropriately decide the claim of the petitioner for issuance of death certificate of late Kaushal Kishore, son of late Buneshwar Prasad Yadav, resident of village Naulakha, Block Naulakha, Police Station Kashimpur, District Munger. Necessary decision in this regard must be taken by the concerned respondent within a maximum period of four months from the date of receipt/production of a copy of this order. With the aforesaid, the present writ application stands disposed of.

(Anil Kumar Upadhyay, J) BT/- U