Dismissed

Bina Moni Ray Baruah and Anr. v. the State of Assam and 5 Ors.

Gauhati HC3 Aug 2023WP(C)/7251/2021

Case brief

AI extract

What is this about?

The Gauhati High Court dismissed a writ petition challenging the denial of family pension to petitioners who claimed to be daughters of a deceased police constable. The court held that it should not interfere with a valid succession certificate issued by the civil court in favour of the respondent officials and their children.

What did the court decide?

The writ petition was dismissed due to the existence of a succession certificate in favour of the respondents.

Bina Moni Ray Baruah and Anr. Vs the State of… — Succession and Inheritance | Gauhati HC (2023)

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Page No.# 1/3

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GAHC010219292021

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : WP(C)/7251/2021

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BINA MONI RAY BARUAH AND ANR.

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W/O-LATE SANJAY BARTUAH, D/O- LATE KHANIN RAY, R/O- VILLAGE HEKAIPARA, P.O AND P.S- BASUGAON, DIST-CHIRANG, BTR, ASSAM

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2: SANJU RAY BARUAH S/O- LATESANJAY BARUAH

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REP. BY HIS NEXT FRIEND CUM MOTHER BINA MONI RAY BARUAH R/O- VILLAGE HEKAIPARA P.O AND P.S- BASUGAON DIST-CHIRANG BTR ASSA

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VERSUS

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THE STATE OF ASSAM AND 5 ORS.

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REP. BY THE COMMISSIONER AND SECRETARY , GOVT. OF ASSAM, HOME DEPARTMENT, DISPUR, GUWAHATI-06

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2:THE SUPERINTENDENT OF POLICE DIBRUGARH DISTRICT AT DIBRUGARH ASSAM

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3:THE OFFICER IN CHARGE TINGKHONG POLICE STATION

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DIST-DIBRUGARH ASSAM

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4:THE ACCOUNTANT GENERAL ASSAM BELTOLA GHY-28

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Page No.# 2/3

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5:SMTI MONI BARUAH 2ND WIFE OF LATE SANJAY BARUAH R/O- VILLAGE TITADIMARU P.O-MOHANBARI

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DIST-DIBRUGARH ASSAM PIN-786001

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6:RANTU BARUAH S/O- LATE SANJAY BARUAH MINOR REP. BY HIS MOTHER CUM NEXT FRIEND MONI BARUAH R/O- VILLAGE TITADIMARU P.O- MOHANBARI

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DIST-DIBRUGARH ASSAM PIN- 78600

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Advocate for the Petitioner : MR. M U MAHMUD

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Advocate for the Respondent : GA, ASSAM

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BEFORE

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HON’BLE MR. JUSTICE MANASH RANJAN PATHAK

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ORDER

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03-08-2023

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Heard Mr. M.U.Mahmud, learned counsel for the petitioners and Mr. P. Saikia, learned Government Advocate, Assam for the respondent Nos. 1, 2 & 3. Also heard Mr. R. K. Talukdar, learned Standing counsel, Accountant General (A&E), Assam for the respondent No. 4 and Mr. B. Islam, learned counsel for the respondent Nos. 5 & 6.

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2. Matter pertains to the claim of the family pension by the petitioners on the death of Sanjay Baruah, a Constable in the Assam Police, who expired on 21.10.2019.

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Page No.# 3/3

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3. It is contended by the petitioner No. 1, Bina Moni Ray Baruah that said Sanjay Baruah married her on 27.05.2008 and that the petitioner No. 2, Sanju Ray Baruah born out of their wedlock.

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4. Mr. Islam, learned counsel appearing for the respondent Nos. 5 & 6, submits that Smti. Moni Baruah, respondent No. 5 is the first wife of deceased Sanjay Baruah and that Rantu Baruah, respondent No. 6 is their son.

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5. By filing an affidavit on 27.07.2023, Mr. Islam, learned counsel for the respondent Nos. 5 & 6 placed before the Court that those two respondent Nos. 5 & 6 along with three daughters born to Smti. Moni Baruah, respondent No. 5 and the deceased Sanjay Baruah, filed a petition under Section 372 of the Indian Succession Act, 1925 before the learned District Judge at Dibrugarh being MISC (Succession) Case No. 22/2021 praying for the Succession Certificate on the death of said Sanjay Baruah in which the present petitioners were the opposite party Nos. 1 & 2.

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6. Mr. Islam, learned counsel for the respondent Nos. 5 & 6 also stated that after hearing the parties, the learned Additional District Judge, Dibrugarh by order dated 15.06.2023 passed in said MISC (Succession) Case No. 22/2021 held that the petitioners therein i.e., the respondent Nos. 5 & 6 herein along with three daughters, namely, Smti. Sangeeta Baruah @ Rimjim; Smti. Rimpi Baruah and Smti. Ritamoni Baruah are the surviving legal heirs of late Sanjay Baruah and accordingly, issued the Succession Certificate in favour of the petitioners therein.

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7. As the Succession Certificate has been issued in favour of the respondent Nos. 5 & 6, the Court is not inclined to interfere with the matter in exercising of its power conferred under Article 226 of the Constitution of India, pertaining to the issues involved in this writ petition.

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8. In view of the above, this writ petition being devoid of merit stands dismissed.

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JUDGE

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Comparing Assistant

Bina Moni Ray Baruah and Anr. v. the State of Assam and 5 Ors.

Case brief

What is this about?

What did the court decide?

Bina Moni Ray Baruah and Anr. v. the State of Assam and 5 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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Coram

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