Bridget W/O. Rosario Dsouza v. The State Of Maharashtra And ANR.

*1* p.904.wp57.15.doc sbw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.57 OF 2015 Mrs. Bridget w/o Rosario D'Souza ..Petitioner -VersusThe State of Maharashtra & Anr.

..Respondents ...........

Mr. Anand Mishra i/b. Ashok M. Sarogi for the Petitioner. Mrs. Shobha Ajitkumar for the Respondent-BMC. ...........

CORAM: A. S. OKA AND REVATI MOHITE DERE, JJ.

DATE :- 24th JUNE 2015.

P.C.:

Not on board. Taken on board.

2] Heard the learned counsel appearing for the petitioner and the learned counsel for the 2nd respondent-Municipal Corporation. The petitioner is seeking a writ of mandamus directing the 2nd respondent to issue a death certificate recording that the petitioner's husband Rozario D'souza shall be presumed to be dead as his whereabouts are not known from 2.5.1980.

3] There is no declaration granted by any competent Court declaring that the petitioner's husband shall be presumed to be dead. Therefore, a writ of mandamus cannot be issued directing the 2nd respondent to issue a 1/2

*2* p.904.wp57.15.doc death certificate. By keeping the remedy of the petitioners expressly open, we dispose of the petition.

(REVATI MOHITE DERE,J.) (A. S. OKA, J.) wadhwa 2/2