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Patna High CourtCWJC/10929/2024dismissed

Raghunath Singh v. The State Of Bihar

2024-08-06Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10929 of 2024 ====================================================== Raghunath Singh Son of Late Ambika Singh, Resident of Village- Sheonagar (Lakshan Rai Ke Tola), P.S.- Koelwar, District- Bhojpur, presently residing at 204, Geeta Plaza, Niti Bagh, Lohiyapath (Jagdeo Path), P.S.- Rupaspur, District- Patna- 800014.

... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary,Planning and Development Department, Govt. of Bihar,Patna.

2.

The District Statistical Officer-cum-Registrar (Birth and Death), Bhojpur at Ara.

3.

The District Programme Officer, Child Development Project, Bhojpur at Ara.

4.

The Child Development Project Officer, Koelwar, District- Bhojpur. 5.

The Block Statistical Officer-cum-Registrar (Birth and Death), Koelwar, Bhojpur.

6.

Smt. Prabha Devi, Wife of Sri Indra Bhushan Singh, Anganbari Sevika, Code No. 54, Ward No.1, Gram Panchayat- Birampur, Anchal- Koelwar, District- Bhojpur, resident of Village- Sheonagar (Lakshan Rai Ke Tola), P.O.- Dumaria (Bishunpur), P.S.- Koelwar, District- Bhojpur. 7.

Indra Bhushan Singh, Son of Sri Kameshwar Singh, resident of VillageSheonagar (Lakshan Rai Ke Tola), P.O.- Dumaria (Bishunpur), P.S.- Koelwar, District- Bhojpur.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jai Shankar Pathak, Advocate For the Respondent/s :

Mr.Addl. Advocate General 4 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 06-08-2024

1. The present writ petition has been filed seeking the following relief(s):- "(1) For issuance of an appropriate writ/writs, order/ orders and/or direction in the nature of mandamus commanding the respondents authorities concerned to issue the death certificate of the deceased aunt of the

Patna High Court CWJC No.10929 of 2024(2) dt.06-08-2024 2/3 Petitioner to the petitioner, who died on 25.02.2022 issueless to the petitioner being legal heir and representative of the deceased namely Lalmati Devi @ Lalu Kuer.

(ii) To issue direction to the respondents authorities concerned to take legal/disciplinary action against respondent No.6 for issuing the Death Certificate of petitioner's aunt (deceased) illegally and arbitrarily to third person i.e. her husband, who is not legal heir and representative of the deceased.

(iii) To issue further direction to the respondents authorities concerned restraining the death certificate of the deceased Lalmati Devi @ Lala Kuer for any legal purposes during the pendency of the writ petition.

(iv) To issue direction to the respondents authorities concerned to declare the death certificate as contained in Annexure-P/2 to this writ petition as null and void since it has been delivered to the stranger, who is not legally entitled to obtain the same."

2. At the outset, the learned counsel for the petitioner seeks not to press the present writ petition,

Patna High Court CWJC No.10929 of 2024(2) dt.06-08-2024 3/3 however, seeks liberty on behalf of the petitioner to avail such other alternative remedies as are otherwise available under the law, for redressal of his aforesaid grievances. Liberty so sought is granted.

3. The writ petition stands dismissed.

(Mohit Kumar Shah, J) Saurav/- U