Case Note & Summary
The petitioner, Ramilaben Pradipbhai Vankar, filed a Special Civil Application under Article 226 of the Constitution of India read with the Registration of Births and Deaths Act, 1969, seeking a writ of mandamus directing the respondents to register the death entry of her deceased husband, Pradipbhai Dudhabhai Vankar, and issue a death certificate. The husband went missing on 22.04.2024 near village Moti Kantadi and was found dead in the Narmada canal siphon on 24.04.2024 at Sanadra, Tal. Galteshwar, Dist. Kheda. Despite efforts by NDRF and local authorities, the body could not be retrieved due to heavy water flow. A missing person entry (Janvajog Entry no. JJ/11/2024) was registered on 23.04.2024 at Godhra Town A Division Police Station. The police inspector issued a certificate on 15.07.2024 confirming the death and recommending registration. The petitioner applied to the Taluka Development Officer, Godhra, but was redirected to Galteshwar Taluka. She then applied to respondent No.3 on 03.09.2024 and made a representation to respondent No.2 on 20.09.2024, but no action was taken. The court considered the facts and held that the registrar cannot refuse registration when death is established by credible evidence, including a police certificate. The court directed respondent Nos.2 and 3 to register the death entry and issue the death certificate within two weeks from receipt of the order. Rule was made absolute to that extent.
Headnote
A) Constitutional Law - Writ of Mandamus - Article 226 of Constitution of India - Death Registration - Petitioner sought direction to register death entry of her husband whose body was stuck in canal siphon and could not be recovered - Court held that the registrar cannot refuse registration when police certificate and other evidence clearly establish death - Directed respondents to register death entry and issue death certificate within two weeks (Paras 1-6).
B) Registration of Births and Deaths Act, 1969 - Death Registration - Section 8 - Duty of Registrar - Where dead body is not recovered but death is established by credible evidence including police certificate, the registrar must register the death - Court held that refusal to register on ground of non-recovery of body is unjustified (Paras 4-6).
Issue of Consideration
Whether the respondents can be directed to register the death entry and issue death certificate of the petitioner's husband whose dead body could not be recovered from a canal siphon, based on a police certificate and other evidence.
Final Decision
The petition is allowed. The respondents No.2 and 3 are directed to register the death entry of the deceased husband of the petitioner and issue death certificate within a period of two weeks from the date of receipt of the order. Rule is made absolute to the aforesaid extent.
Law Points
- Writ of mandamus
- Article 226 of Constitution of India
- Registration of Births and Deaths Act 1969
- Death registration
- Non-recovery of body
- Police certificate
- Circumstantial evidence
- Duty of registrar
Case Details
2026 LawText (GUJ) (03) 231
R/Special Civil Application No. 2387 of 2025
Mr. Pradip J. Patel for Petitioner, Mr. Nikunj Kanara (Asst. Government Pleader) for Respondent Nos.1,4, Ms. Sejal K. Mandavia for Respondent Nos.2,3
Ramilaben Pradipbhai Vankar Wd/o. Pradipbhai Dudhabhai Vankar
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Nature of Litigation
Writ petition under Article 226 of the Constitution of India read with the Registration of Births and Deaths Act, 1969 seeking direction to register death entry and issue death certificate.
Remedy Sought
Petitioner sought a writ of mandamus directing respondents No.2 and 3 to register the death entry of her deceased husband and issue a death certificate.
Filing Reason
The petitioner's husband died after falling into a canal; his body could not be recovered. The police issued a certificate confirming death, but the respondent authorities refused to register the death entry citing jurisdictional issues and non-recovery of the body.
Previous Decisions
The petitioner had applied to the Taluka Development Officer, Godhra, which returned the application stating the body was found in Galteshwar Taluka jurisdiction. A fresh application was made to respondent No.3 on 03.09.2024 and a representation to respondent No.2 on 20.09.2024, but no action was taken.
Issues
Whether the respondents can be directed to register the death entry and issue death certificate of the petitioner's husband whose dead body could not be recovered from a canal siphon, based on a police certificate and other evidence.
Submissions/Arguments
Petitioner submitted that the police had issued a certificate confirming the death, and the registrar cannot refuse registration on the ground of non-recovery of the body.
Respondents did not oppose the petition; learned counsel for respondents waived service and the matter was taken up for final hearing.
Ratio Decidendi
The registrar under the Registration of Births and Deaths Act, 1969 cannot refuse to register a death when the death is established by credible evidence, including a police certificate, even if the dead body is not recovered. The court has the power under Article 226 to issue a writ of mandamus directing registration.
Judgment Excerpts
By way of present petition under Article 226 of the Constitution of India read with the provisions of the Registration of Births and Deaths Act, 1969, petitioner has prayed for the following reliefs...
Brief facts giving rise to the present petition are that, the deceased husband of the petitioner was missing on 22.04.2024 near village Moti Kantadi and for unknown reasons, he fell down in main Narmada canal and his dead body was found in canal siphon on 24.04.2024...
After verifying the documents and evidences, police inspector, Godhra Town A Division had given certificate on 15.07.2024 for registering the death certificate of deceased husband of the petitioner.
The petitioner applied for death entry to the Taluka Development Officer, Taluka Panchayat, Godhra, Dist. Panchamahal but, the said application was returned back by citing reason that the dead body was found in jurisdiction of Galteshwar Taluka...
Having heard the learned counsel for the respective parties and considering the facts and circumstances of the case, this Court is of the opinion that the respondents No.2 and 3 are required to be directed to register the death entry of the deceased husband of the petitioner and issue death certificate.
Procedural History
The petitioner's husband went missing on 22.04.2024 and his dead body was found on 24.04.2024 but could not be recovered. A missing person entry was registered on 23.04.2024. Police issued a death certificate on 15.07.2024. Petitioner applied to Taluka Development Officer, Godhra, which was returned. Fresh application made to respondent No.3 on 03.09.2024 and representation to respondent No.2 on 20.09.2024. No action taken, leading to the filing of the present petition on 23.03.2026.
Acts & Sections
- Constitution of India: Article 226
- Registration of Births and Deaths Act, 1969:
