Ram Dayal Pandey v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12994 of 2018 ====================================================== Ram Dayal Pandey Son of Late Chulhai Pandey Resident of VillageHariharpur P.S. Hajipur, Sadar, District - Vaishali. ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Chief Secretary, Govt. of Bihar, Patna. 2.

District Magistrate-Cum-Collector, Vaishali.

3.

Superintendent of police Vaishali, Hajipur.

4.

Sub-Divisional Officer Hajipur, Vaishali 5.

Public Grievance Redressal Office Hajipur.

6.

Block Development officer, Hajipur 7.

Circle Officer, Hajipur, Vaishali.

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

For the Petitioner/s :

Mr.Dhananjay Mishra, Adv.

For the Respondent/s :

Mr.Md.Khurshid Alam -AAG 12 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 20-06-2022 The present writ petition has been filed for issuance of Death Certificate to the petitioner pertaining to the death of his wife on 12.08.2012 at her house at Hajipur.

The matter lies in a narrow encompass in as much it is the averment of the petitioner that the wife of the petitioner had died at her house at Hajipur, however, the respondents have filed a counter affidavit wherein a stand has been taken that the wife of the petitioner had died at Patna in a private Nursing home.

This Court finds that it is not in dispute that death of the wife of the petitioner has taken place, although she may

Patna High Court CWJC No.12994 of 2018(4) dt.20-06-2022 2/2 have died either at Hajipur or Patna but nonetheless, it is imperative for the State to grant a certificate regarding the death of the wife of the petitioner and to that effect, the learned counsel for the respondents has also got no objection. In such view of the matter, this Court deems it fit and proper to direct the District Magistrate, Patna and the District Magistrate, Hajipur to collectively examine/ enquire into the matter in question and determine as to whether the death of the wife of the petitioner has taken place either at Patna or Hajipur and accordingly, issue death certificate to the petitioner pertaining to the death of his wife within a period of four weeks from today, failing which the District Magistrate, Patna and the District Magistrate, Hajipur shall not draw their salary. The writ petition stands disposed of on the aforesaid terms.

(Mohit Kumar Shah, J) Tiwary/- U