Rajiv Kumar Shukla vs State of U.P. Thru. District Magistrate, Raebareli and Others — Allahabad HC (2025) — LawSathi Research

Rajiv Kumar Shukla vs State of U.P. Thru. District Magistrate, Raebareli and Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

First appeal admitted; lower court record summoned; notice to respondents through the District Judge concerned, steps within a week; list on 17.12.2025; as an interim measure, enforcement of the Succession Certificate issued to respondent no.5 kept in abeyance till the next date of listing.

Issue for consideration

Whether the trial court erred in entering into the question of the validity of the marriage between the appellant and the deceased and in holding that their marriage was void. +1 more

Ratio / Principle

The Court found that the matter requires consideration and admitted the first appeal, directing that the lower court record be summoned and that notice issue to the respondents, to be served through the District Judge concerned, with steps within a week and listing on 17.12.2025.

Key takeaways

As an interim measure, until the next date of listing, the enforcement of the Succession Certificate issued to respondent no.5 shall remain in abeyance.ratio¶22

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), First Appeal No. 184 of 2025, Ram Manohar Narayan Mishra, J. (order dated November 3, 2025): admission-stage order in an appeal by Rajiv Kumar Shukla against the judgment and order dated 17.09.2025 of the Civil Judge (S.D.), Raebareli in Misc. Case No. 148 of 2018, by which his petition for a Succession Certificate over the death dues of Rama Devi (Assistant Inspection Clerk in the office of the Superintendent of Police, Amethi, who died in an accident) was dismissed and the Succession Certificate was issued in favour of opposite party no.5, Amit Kumar Mishra. The appellant contended that the trial court wrongly held his marriage to the deceased void; that the deceased had nominated her real brother, Jitendra Kumar Tiwari (opposite party no.4), in her service record; and that Amit Kumar Mishra — brother of the deceased's first husband Praveen Kumar Mishra, the deceased having been appointed under the Dying-in-Harness Rules — paid no stamp duty. The Court found the matter required consideration, admitted the appeal, summoned the lower court record, directed notice through the District Judge, and ordered that enforcement of the Succession Certificate issued to respondent no.5 remain in abeyance till the next date of listing (17.12.2025).

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

FIRST APPEAL No. - 184 of 2025

Rajiv Kumar Shukla

.....Appellant(s)

Versus

State Of U.P. Thru. District And Others	Magistrate, Raebareli	.....Respo	ndent(s)
Counsel for Appellant(s)	: Pankaj Shukla, Sampurna Nand Sh	Abhishek ukla	Singh,
Counsel for Respondent(s)	: C.S.C.

Court No. - 19

HON'BLE RAM MANOHAR NARAYAN MISHRA, J.

Heard learned counsel for the parties and perused the record.

The instant first appeal has been preferred against the judgment and order dated 17.09.2025 passed by learned Civil Judge ( S.D.) Raebareli in Misc. Case No. 148 of 2018 (Rajiv Kumar Shukla Vs. Harkhas Aam) whereas the courts below has dismissed the application filed by the petitioner, who claims himself as husband of the deceased Rama Devi for issuing Succession Certificate in respect of death dues of the deceased, who was posted as Assistant Inspection Clerk in the office of Superintendent of Police, Amethi at the time of accident.

Learned counsel for the appellant submits that the learned trial court has wrongly entered into a question of validity of marriage of the petitioner/ appellant and the deceased and held that their marriage was void.

Learned counsel for the appellant further submits that the deceased had nominated opposite party no.4/ Jitendra Kumar Tiwari, her real brother as his name appears in the service record but the Succession Certificate has been issued in favour of opposite party no.5/ Amit Kumar Mishra, the brother of former husband of the deceased, who is in no manner legal heir of the deceased in-as-much as opposite party no.5 in whose favour Succession Certificate has been issued, had not paid any stamp duty in respect of issuing Succession Certificate.

FAPL No. 184 of 2025

2

He also submits that learned court below has issued Succession Certificate in favour of opposite party no.5 on the ground that her appointment was made under Dying-in-Harness Rules on account of death of her first husband Praveen Kumar Mishra and opposite party no.5 being his real brother was legal heir of her late husband as he died issueless and therefore, Sri Amit Kumar Mishra will be entitled to receive death dues of Rama Devi from the Department. Learned court below has also observed that Amit Kumar Mishra has prayed for issuing Succession Certificate in his favour in his objection filed against succession petition of the appellant.

The matter requires consideration.

Admit.

Summon the lower court record.

Issue notice to the respondents which shall be served through District Judge concerned.

Steps be taken within a week.

List on 17.12.2025.

Till the next date of listing , the enforcement of Succession Certificate issued to respondent no.5 shall remain abeyance.

(Ram Manohar Narayan Mishra,J.)

November 3, 2025 dk/

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