Sanjay Kumar Gupta Vs District Magistrate Bahraich and 3 Others — Allahabad HC (2025) — LawSathi Research

Sanjay Kumar Gupta Vs District Magistrate Bahraich and 3 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of with observations/directions: opposite party no. 4 to verify facts and decide the petitioner's death certificate application within six weeks; if Rule 9 of the U.P. Registration of Birth and Death Rules, 2002 is attracted, the petitioner to approach the authority thereunder, which shall decide within six weeks.

Issue for consideration

Whether the petitioner's application for issuance of a death certificate should be directed to be decided, and by which competent authority (the Registrar of deaths and births under the Registration of Births and Deaths Act, 1969, or the authority under Rule 9 of the U.P. Registration of Birth and Death Rules, 2002 if attracted).

Court's answer

The Executive Officer, Nagar Palika Parishad, Bahraich is the Registrar of deaths and births under the Registration of Births and Deaths Act, 1969, and the petitioner's application lay before him or whosoever of the Nagar Palika may have been authorised by the State Government under the proviso to Section 67 of the Act, not before the Additional District Magistrate (Finance and Revenue).

Ratio / Principle

Opposite party no. 4 is directed to look into the matter and take a decision on the petitioner's death certificate application after getting the facts verified, with the petitioner bringing the relied-upon documents (including Annexure No. 5) to its notice, within a period of six weeks.

Key takeaways

If Rule 9 of the U.P. Registration of Birth and Death Rules, 2002 is attracted, the petitioner will have to approach the concerned authority mentioned therein, and that authority shall consider and decide the application within a period of six weeks.ratio¶8

Detailed headnote1 paragraphs

Death certificate — Application made before the Additional District Magistrate (Finance and Revenue), Bahraich although the Registrar of deaths and births under the Registration of Births and Deaths Act, 1969 is the Executive Officer, Nagar Palika Parishad, Bahraich (or whosoever authorised under the proviso to S. 67) — Opposite party no. 4 directed to verify facts and decide the petitioner's application, considering the proof of death and Annexure No. 5, within six weeks — If Rule 9 of the U.P. Registration of Birth and Death Rules, 2002 is attracted, petitioner to approach the concerned authority under that Rule, to decide within six weeks — Writ petition disposed of (Allahabad HC, Lucknow Bench, DB, 3.4.2025).

Neutral Citation No. - 2025:AHC-LKO:18662-DB

Court No. - 2

Case :- WRIT - C No. - 1920 of 2025 Petitioner :- Sanjay Kumar Gupta Respondent :- District Magistrate Bahraich And 3 Others Counsel for Petitioner :- Narendra Gupta Counsel for Respondent :- C.S.C.,Rakesh Pratap Singh

Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J.

Heard Shri Narendra Gupta, learned counsel for the petitioner, learned Additional Chief Standing Counsel for the State and Shri Rakesh Pratap Singh, learned counsel for the opposite parties no. 3 and 4.

The petitioner has applied for issuance of a death certificate, however, to the opposite party no. 2- Additional District Magistrate (Finance and Revenue), Bahraich instead of applying it to the Executive Officer, Nagar Palika Parishad, Bahraich who is the Registrar of deaths and births under the Registration of Births and Deaths Act, 1969 or whosoever of the Nagar Palika may have been authorized by the State Government under the proviso to Section 67 of the Registration of Births and Deaths Act, 1969.

Let the opposite party no. 4 look into the matter and take a decision on the application of the petitioner after getting the facts verified, as, it is stated by the petitioner that he has submitted proof of death of his father and relies upon the documents annexed as Annexure No. 5 to the writ petition and certain other documents, which, the petitioner shall bring to the notice of the opposite party no. 4. Let this exercise be completed within a period of six weeks.

It is, however, made clear that if Rule 9 of the U.P. Registration of Birth and Death Rules, 2002 is attracted, then, the petitioner will have to approach the concerned authority mentioned therein and the said authority shall consider and decide the application of the petitioner accordingly within a period of six weeks.

With the aforesaid observations/directions, the writ petition is disposed of.

Order Date :- 3.4.2025/R.K.P.

(Om Prakash Shukla,J.) (Rajan Roy,J.)

Digitally signed by :- RAJ KUMAR PATEL High Court of Judicature at Allahabad, Lucknow Bench