The High Court of Chhattisgarh allowed a writ petition quashing an impugned order. The single-judge bench set aside the lower court's direction for depositing funds before succession appreciation, finding no legal authority for such a mandate.
Impugned order dated 24.11.2014 set aside; Court below directed to proceed as per law.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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HIGH COURT OF CHHATTISGARH, BILASPUR
Writ Petition (227) No.126 of 2015
Both are R/o. Opposite Khadi Bhandar, Near Post Office Sitapur, Tahsil Sitapur, District Surguja (CG)
---- Petitioners
Versus
---- Respondents
Shri Sunil Otwani, counsel for the petitioners. Shri Mukesh Sharma, counsel for respondent No.3. None for respondent No.1 though represented.
Hon'ble Shri Justice Chandra Bhushan Bajpai
Order On Board
03.12.2015
Heard on admission.
2. It is submitted on behalf of the petitioners that the matter may be disposed of finally in the motion stage itself as the impugned order dated 24.11.2014 is illegal and without any authority by the statute by directing both the parties to first deposit gratuity amount and the amount of insurance policy given to the nominee before the Court and thereafter the Court may grant succession certificate after conclusion of issue of succession.
3. Learned counsel for respondent No.3 has no objection on the submission of learned counsel for petitioners.
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4 . For the purpose of appreciation regarding admission, impugned order dated 24.11.14 and relevant provisions of succession law are perused. The matter is heard finally at the motion stage itself.
5 . After perusal of the entire material in the matter, it appears that in the entire order Court below has not shown any provision of law under which the Court can direct the parties to deposit the money before the court itself before appreciation on the point of succession . On the face of the order, the same is illegal and without any authority of the law. Hence, the same requires interference. Consequently, the instant petition is allowed. Impugned order dated 24.11.14 is set aside. The Court below is directed to proceed in the matter as per the law.
Sd/(Chandra Bhushan Bajpai) JUDGE
Bini
1 issue framed by the court
Whether the lower court had the authority to direct parties to deposit gratuity and insurance amounts before granting a succession certificate.
Prahlad Prasad Gupta and Smt. Chandrakala Gupta
Smt. Neha Gupta
Bhartiy Jeevan Bima Nigam
Chandra Bhushan Bajpai
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
