Subash Ram & Another vs State Of U.P. & Others
2014 Latest Caselaw 1781 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 35
 

 
Case :- WRIT - A No. - 46044 of 2008
 

 
Petitioner :- Subash Ram & Another
 
Respondent :- State Of U.P. & Others
 
Counsel for Petitioner :- M. R. Gupta
 
Counsel for Respondent :- C. S. C.,R B Pradhan
 

 
Hon'ble Attau Rahman Masoodi,J.

Heard learned counsel for the petitioners and the learned Standing counsel appearing for the respondents and perused the record.

By the means of the present writ petition , the petitioners have claimed for provident fund and other pensionary benefits which according to the learned counsel for the petitioners has already been paid to the first husband of  the deceased Late Kumari Devi i.e. respondent no. 3. No document showing divorce from the first husband has been filed by petitioner no. 1 who claims himself to the second husband of Late Kumari Devi.

The writ petition under Article 226 of the Constitution of India can not be filed for the recovery of money which has already been paid to first husband of the deceased Kumari Devi.  In the absence of any challenge to the Succession Certificate on the basis of which the said fund and pensionary benefits have been released in favour of the first husband i.e. respondent no. 3 of the deceased Kumari Devi, no relief can be granted to the petitioners.

In view of above, the writ petition being devoid of merit is hereby dismissed. 

However, it is open to the petitioners to challenge the Succession Certificate and consequential release of pensionary benefits , if so advised.

Order Date :- 15.5.2014

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( Attau Rahman Masoodi J. )