The petitioners challenged an order confirming a Legal Heir Certificate obtained by strangers to the family, ignoring a pending civil suit for declaration of heirship.
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W.P.(C) NO.17360 OF 2015
06.04.2016
Heard learned counsel for the petitioners as well as learned Addl. Government Advocate
This Writ Petition has been filed by the petitioners challenging the order dated 25.08
.2015 passed by the Sub-Collector, Sadar, Cuttack-opposite party No.4 in Misc. Appeal No.34 of
2014 confirming the order dated 09.05.2011 passed by the Tahasildar, Mahanga, Cuttack-opposit
e party No.5 in Legal Heir Case No.39 of 2011 under Rule 6 of Orissa Miscellaneous Certificate
s Rules,1984.
The petitioners are the son of one Kulamani Behura. They contended that Nrusingha Behu
ra, the other son of Kulamani Behura died on 15.01.2011. Petitioners being the brothers are o
nly the legal heirs of said Nrusingha. Opposite party Nos.1, 2 and 3 are strangers to the fam
ily of Kulamani. However, they claiming as legal heirs of Nrusingh filed Legal Heir Case No.3
9 of 2011 before the Tahasildar, Mahanga, Cuttack. In the said proceeding, the Revenue Inspec
tor has submitted a report on 07.04.2011 contending that the applicants are the only legal hei
rs of late Nrusingha Behura. On the basis of the said report, the Revenue Officer issued Leg
al Heir Certificate on 9.5.201. No notice was issued to the petitioners in the said proceedin
g. When the said fact came to the knowledge of the petitioners, they filed Misc. Appeal No.34
of 2014 before the Sub-Collector, Sadar, Cuttack under Rule-8 of Orissa Miscellaneous Certifi
cate Rules, 1984. The said appeal was dismissed by the impugned order without taking into con
sideration the pendency of C.S. No.37 of 2015 before the learned Civil Judge, (Junior Division
), Salipur for declaration that
the present petitioners are the only legal heirs of Nrusingha.
On perusal of the impugned order, it reveals that the Revenue Inspector has issued gen
eral notice on 19.4.2011, which was served in presence of the witnesses. The Revenue Inspecto
r has furnished the report after obtaining information for the local witnesses regarding the l
egal heirs claimed by the applicants. The appellate authority taking into consideration the L
IC policy of the deceased along with the Voters Identity Card, Adhar Card and AAY Card No.2141
46 issued by the BDO, Mahanga Block, confirmed the certificate issued by the Tahsildar, Mahang
a and dismissed the appeal preferred by the petitioners.
In view of the discussions made hereinabove paragraphs, and as there is no error appar
ent on the face of the record, this Court is not inclined to interfere with the impugned order
in exercise of the jurisdiction under Article 227 of the Constitution of India. However, it
is open to the petitioners to proceed with the Civil Suit.
Accordingly, the Writ Petition is dismissed.
.
S. Panda, J.
2
2 issues framed by the court
Whether the High Court should interfere with the Sub-Collector's order confirming the Legal Heir Certificate under Article 227 of the Constitution of India.
Whether the existence of a pending civil suit for declaration affects the disposal of the appeal under Orissa Miscellaneous Certificates Rules, 1984.
3 provisions across 3 enactments
Kulamani Behura's sons (petitioners)
Opposite party No.4 (Sub-Collector, Sadar, Cuttack)
Opposite party No.5 (Tahasildar, Mahanga, Cuttack)
Applicants in Legal Heir Case
S. Panda
As recorded by the court registry
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