Kumari Roshni Bandheya (Minor) Vs State of Chhattisgarh

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1

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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WPS No. 1106 of 2024

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Kumari Roshni Bandheya (Minor) D/o Late Shri Yogendra Kumar Bandheya Aged About 17 Years 6 Months, Minor Through Proximate Legal Guardian I.E. Grandmother Namely Savitri Bandheya W/o G.D. Bandheya, Aged About 63 Years, R/o 183, Yogiraj Bhawan, Road No. 16, Pragati Nagar, Risali, Bhilai, District Durg, Chhattisgarh 490006.

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Kumari Lokragini Bandheya ( Minor ) D/o Late Shri Yogendra Kumar Bandheya Aged About 15 Years Minor Through Proximate Legal Guardian I.E. Grandmother Namely Savitri Bandheya W/o G.D. Bandheya, Aged About 63 Years, R/o 183, Yogiraj Bhawan, Road No. 16, Pragati Nagar, Risali, Bhilai, District Durg, Chhattisgarh 490006.

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Master Kushal Singh Bandheya ( Minor) S/o Late Shri Yogendra Kumar Bandheya Aged About 12 Years Minor Through Proximate Legal Guardian I.E. Grandmother Namely Savitri Bandheya W/o G.D. Bandheya, Aged About 63 Years, R/o 183, Yogiraj Bhawan, Road No. 16, Pragati Nagar, Risali, Bhilai, District Durg, Chhattisgarh 490006.

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---- Petitioners

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Versus

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State Of Chhattisgarh Through - Secretary, Department Of Revenue And Disaster Management, Mahanadi Bhavan, Atal Nagar, Nava Raipur, District Raipur, Chhattisgarh.

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District Collector, Durg District Durg, Chhattisgarh.

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Tahsildar, Ahiwara, Tahsil - Ahiwara, District : Durg, Chhattisgarh

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Smt. Bharti Bandheya W/o Late Shri Yogendra Kumar Bandheya Aged About 40 Years R/o Care Of Thansingh Madhukar Plot No. 63, Phase - 2, Sector - 01, Anushtha Residency, Junwani, Bhilai, Tahsil And District Durg, Chhattisgarh.

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---- Respondents

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(Cause-title taken from Case Information System)

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2

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For Petitioners : Mr. Sudeep Verma, Advocate For Respondent/State : Ms. Sakshi Goyal, Panel Lawyer

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Hon'ble Shri Justice Arvind Singh Chandel ORDER ON BOARD

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21/ 0 2 /2024

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Heard.

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1 It is submitted by learned counsel for the petitioner that the petitioners are the minor children of deceased Yogendra Kumar Bandheya. Respondent No.4 is the wife of deceased. Yogendra Kumar Bandheya died on a road accident on 30.07.2023. At the time of his death, he was working as Patwari. Since, the relationship between the deceased Yogendra Kumar and respondent No.4 was not cardial, therefore, they were residing seperately from 2015. Subsequently, Yogendra Kumar preferred an application under Section 13(1)(a) of the Hindu Marriage Act on 16.02.2016. During the pendency of said application, he died on a road accident. Since the respondent No.4 is residing separately from 2015, the petitioners are entitled to get pensionery benefits as well as compassionate appointment, for which they have already made a representation before the respondents.

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2 Counsel for the petitioners submits that petitioners may be permitted to make a fresh representation before the respondents No. 1 to 3, raising all grounds, which they raised in this petition and on submission of the same, the respondent authorities may also be directed to consider and decide the same in accordance with relevant rules and law within a stipulated period to be fixed by this Court

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3 The said prayer of the counsel for petitioner is not opposed by the State counsel.

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4 Considering the aforesaid submissions made by counsel for the parties, the petition is disposed of permitting the petitioner to make a

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3

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fresh representation before the respondents No. 1 to 3 within a period of 03 weeks and the respondent authorities in turn are directed to consider and decide the same within a further period of 90 days from the date of receipt of copy of this order in accordance with relevant rules and law.

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5 With the aforesaid observation and direction, the present writ petition stands disposed of.

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Sd/(Arvind Singh Chandel) JUDGE

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ved

Kumari Roshni Bandheya (Minor) v. State of Chhattisgarh

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Kumari Roshni Bandheya (Minor) v. State of Chhattisgarh

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