Hemlata Pradhan vs State Of Chhattisgarh
2021 Latest Caselaw 3177 Chatt

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                                                                           NAFR
             HIGH COURT OF CHHATTISGARH, BILASPUR
                           WP(C) No. 4605 of 2021
      Hemlata Pradhan W/o Lt. Sh. Krishnakumar Pradhan, Aged About 34
      Years R/o Nagar Panchayat, Sariya, Ward No. 14 Tahsil Baramkela,
      District Raigarh Chhattisgarh.
                                                                   ---- Petitioner
                                    Versus
   1. State Of Chhattisgarh Department Of Panchayat And Rural
      Development, Mahanadi Bhawan, New Raipur, District Raipur
      Chhattisgarh.
   2. Collector, Collectorate Office, Mahasamund District Mahasamund
      Chhattisgarh.
   3. SDO, Pithora, Tehsil Pithora, District Mahasamund Chhattisgarh.
   4. Tehsildar, Pithora, District Mahasamund Chhattisgarh.
   5. Secretary, Gram Panchayat Rajasevaiyya Khurd, Tehsil Pithora, District
      Mahasamund Chhattisgarh.
   6. Smt. Pavitra Patel, Secretary, Gram Panchayat Rajasevaiyya Khurd,
      Tehsil Pithora, District Mahasamund Chhattisgarh.
                                                               ---- Respondents

For Petitioner : Shri Rahul Tamaskar, Advocate. For the respondents / State : Shri Ravi Bhagat, G.A.

Hon'ble Shri Justice Rajendra Chandra Singh Samant

Order on Board

16.11.2021

Heard.

1. It is submitted by counsel for the petitioner that the petitioner is wife of

late Krishna Kumar Pradhan. The petitioner filed an application for grant

of death certificate before respondent No.5 - Secretary, Gram

Panchayat. Her prayer for grant of death certificate was denied vide

Annexure-P/2 mentioning that the death of Krishna Kumar Pradhan is

not registered in the Panchayat, alongwith another note that the

deceased had two wives, therefore, the certificate cannot be granted to

any of them. Subsequently, Executive Magistrate, Pithora had ordered

to respondent No.5 to register the death of the deceased on 12.3.2021,

therefore, it can be believed that the order of the Executive Magistrate

has been complied.

2. The claim of the petitioner is that she is legally married wife of Krishna

Kumar Pradhan. Although, Krishna Kumar Pradhan had filed a divorce

petition before the Family Court, Korba in Civil Suit No. 121A of 2014

but the same was dismissed vide judgment dated 17.2.2017. However,

the appeal preferred against this judgment has also been dismissed.

Therefore, the status of the petitioner as legally-wedded wife is

continued, hence, the petitioner has entitlement of grant of death

certificate of her deceased/ husband.

3. Learned State counsel opposes the submissions and submits that the

petition may be disposed off with a direction.

4. Considered on the submissions. Perused the documents filed alongwith

the petition. The petitioner has claimed for her entitlement on the basis

being wife of Krishna Kumar Pradhan. The dispute, if any, which may

be raised for the present concerned that is to be decided by a Civil

Court that will not be decided by this Court. However, the relation of the

petitioner with Krishna Kumar Pradhan, is not denied. Hence, for these

reasons, this petition is disposed off at motion stage.

5. The petitioner is at liberty to file a repeat application for issuance of

death certificate of Krishna Kumar Pradhan before respondent No.5 and

respondent No.5 is directed to take decision on that application at the

earliest and grant the death certificate of deceased - Krishna Kumar

Pradhan to the petitioner, preferably, within a period of 30 days.

6. With the aforesaid observations, the petition is disposed off.

Sd/-

(Rajendra Chandra Singh Samant) Judge Nimmi