DEVASHISH RANJAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This writ petition is under Article 226 of the Constitution of India, whereby and whereunder the petitioner has sought for direction for issuance of Death Certificate of father namely Gopal Prasad and mother namely Shanti Devi who have flown over in flood in Koyal River at village Sithio due to heavy rain.

(2.) It is the case of the petitioner that his father who was suffering from brain haemorrohage along with her wife was moving in ambulance for better treatment and while crossing the Koyal River, due to heavy rain the ambulance was flown over with the flood and in consequence thereof mother and father of the petitioner died. Subsequent to such incident although the ambulance has been traced out but the body of the father and mother of the petitioner either dead or alive could not be traced, as such, the petitioner made representation before the competent authority for issuance of death certificate but having not issued, the present writ petition has been filed.

(3.) Counter affidavit has been filed by the State respondent wherein, inter alia, stand has been taken that for issuance of death certificate certain procedure is laid down under the statute governing the guidelines and by getting declaration to that effect before the competent court of law and therefore, in absence thereof prayer made by the petitioner may not be allowed.