Allahabad High Court
Pushpa Verma And 2 Others vs State Of U.P. Thru. Collector, ... on 3 January, 2023
Bench: Pankaj Bhatia
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 17
Case :- WRIT - A No. - 8435 of 2022
Petitioner :- Pushpa Verma And 2 Others
Respondent :- State Of U.P. Thru. Collector, Distt. Sitapur And 4 Others
Counsel for Petitioner :- Ram Kumar Srivastava Ram Kumar,Shravan Kumar
Counsel for Respondent :- C.S.C.,Dharmendra Kumar Dixit
With
Case :- WRIT - A No. - 1500 of 2022
Petitioner :- Kamala Devi Alias Jagrani
Respondent :- Allahabad U.P. Garmin Bank Thru. Director Merge In Aryavrat Bank And 2 Others
Counsel for Petitioner :- Neelu Singh Chauhan
Counsel for Respondent :- Dharmendra Kumar Dixit
Hon'ble Pankaj Bhatia,J.
As the issues raised in the petitions are common, the same are being decided by means of this common judgment.
The petitioner Pushpa Verma and her two children, who are petitioners no. 2 and 3 of Writ Petition No.8435 of 2022 are alleging that the petitioner no.1 Pushpa Verma is the legally wedded wife of late Baburam Verma and petitioners no.2 and 3 are the sons born out of the said wedlock.
It is argued that at the time when late Baburam Verma was alive, the petitioner no.1 namely Puspa Verma was included in the service record and was made a nominee for the service benefits. It is also claimed that late Baburam Verma treated the petitioner Pushpa Verma as his legally wedded wife and in fact a loan was taken for which the petitioner no.1 stood surety. It is claimed that late Baburam Verma died and the dispute with regard to the benefits arising out of the services rendered by late Baburam Verma is the bone of contention.
The respondent no.5 namely Smt. Kamala Devi (petitioner of Writ Petition No.1500 of 2022) claims to be the first wife of late Baburam Verma and thus the contention of the respondent no.5 is that being the first wife, she is entitled to the benefits as the marriage of late Baburam Verma with the petitioner of Writ Petition No.8435 of 2022, as claimed by her, is nullity in the eyes of law in view of the specific provision contained in the Hindu Marriage Act.
It is informed at the bar that with regard to the dispute of heirs, a Civil Suit No.553 of 2004 was filed which was decided on 08.07.2013 against which a Civil Appeal No.52 of 2013 was instituted. The said Civil Appeal came to be decided by means of the judgment dated 28.02.2015 holding that Smt. Kamla Devi alone would not be entitled to the estate of late Baburam Verma and his sons namely Manish Verma and Ashish Verma who are the petitioners no. 2 and 3, would also be entitled to the benefits arising out of the services rendered by late Baburam Verma. It is argued that against the said decision dated 28.02.2015, a Second Appeal has been preferred, however, no interim order has been passed.
Considering the fact that the issue with regard to the heir-ship has already been decided, although being the subject matter of Second Appeal, the benefits with regard to services rendered by late Baburam Verma would flow to Kamla Devi and two sons of late Baburam Verma namely Manish Verma and Ashish Verma the petitioners no.2 and 3 of Writ Petition No.8435 of 2022 unless the decree is set aside by the second appellate court, as such, the issue raised in the present writ petitions has already been decided by the competent court of law, the question cannot be adjudicated in the present writ petition.
With regard to the payment of the dues, the writ petitions are disposed off with direction that the dues on account of the services rendered by late Baburam Verma shall be paid in terms of the decree passed in Civil Appeal No.52 of 2013 and decided on 28.02.2015. The petitioner of Writ Petition No.8435 of 2022 would be at liberty to stake her claim after the decision of the Second Appeal if the same is decided in her favour.
It is clarified that the respondents shall ensure the payments to the legal heirs with all expedition preferably within a period of four months.
Both the writ petitions stands disposed off with the said observations.
Order Date :- 3.1.2023
VNP/-
