The High Court of Chhattisgarh dismissed an appeal appealing against a writ petition claiming death service benefits. The Court found that the single judge correctly held that a succession certificate was already issued in favor of other claimants and the appellant could not collaterally challenge such a factual finding via a writ.
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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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
WA No. 652 of 2022
---- Appellant
Versus
---- Respondent
For Appellant
: Shri Punit Ruparel,
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Advocate
| For Respondents No. 1 & 2 | : Shri Prakash Tiwari, Advocate |
|---|---|
| For Respondent No. 3 | : Shri R.K. Gupta, Advocate |
| For Respondent No. 5 | : Ms. Anita Nirala, respondent in person |
Hon'ble Shri Justice Goutam Bhaduri
Hon'ble Shri Justice N.K. Chandravanshi
Order on Board
Per Goutam Bhaduri, J.
06/12/2022
Heard.
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would submit that initially an application for succession certificate was filed before the Civil Judge, Katghora which was withdrawn by the applicant and without his knowledge the other claimant might have obtained an order to get a succession certificate in their favour. He would further submit that the claim of death benefits of Tulsiram, who was father of the appellant, should have been granted in favour of the appellant herein.
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gratuity, L.C.S. and earned leave of amount of Rs. 16,75,982/was granted in their favour. If the finding of the succession Court exist with respect to issuance of succession certificate the same cannot be set aside by way of a writ petition by the High Court. It is finding of fact and if the appellant is aggrieved, he is free to avail the remedy available to him under the law. Therefore, in the instant appeal we do not find any merits to intervene and set aside the finding of the succession Court.
Sd/- Sd/-
(Goutam Bhaduri) (N.K. Chandravanshi)
Judge Judge
Jyoti
2 issues framed by the court
Whether the High Court can set aside the finding of a succession certificate order in a writ petition.
Whether a successor aggrieved by a succession certificate order has other remedies to set it aside.
Gendram Nirala
South Eastern Coalfields Limited
Sub Area Manager, Secl Rajgamar
Regional Managing, Coal Mines Future Fund Office
Goutam Bhaduri
N.K. Chandravanshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
