ORDER

The petitioner's father has not been heard of for more than forty years. The petitioner was two years old when he went missing. She now seeks legal heir certificate for her father. The jurisdictional Tahsildar has taken the stand that the petitioner has to go before the civil court for relief. Challenging the said stand, the present writ petition has been filed.

2.I must straightaway observe that the course of action indicated by the first respondent is not feasible of compliance. It has been held that a bare suit for declaration that a person has not been heard for a certain number of years and that therefore, decree should be granted that he is presumed to have died is not maintainable. The consistent view of the courts has been that such a relief will not fall within the scope of Section 34 of the Specific Relief Act , 1963 which provides for invoking the court's jurisdiction for obtaining declaration of status or right (2022 AIR (Ker) 52, 2022 (1) LW.32, 2008 (3) LW.531, ILR 1948 Bom 633, SA No.194 of 2008 (Allahabad High Court, AIR 2021 Chh 20, ILR 1928 All 678, ILR 1928 LAH 467 and Vol 32 CAL WN 1084).

3.The real difficulty appears to be the guidelines provided in G.O Ms N