Musstt Anowara Khatun vs The State Of Assam And 5 Ors
2023 Latest Caselaw 4971 Gua

Gauhati High Court

Musstt Anowara Khatun vs The State Of Assam And 5 Ors on 11 December, 2023

Author: Soumitra Saikia

Bench: Soumitra Saikia

                                                                   Page No.# 1/3

GAHC010260262023




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

                          Case No. : WP(C)/7022/2023

         MUSSTT ANOWARA KHATUN
         W/O- LT. JOYNAL ABEDIN SHEIKH, R/O- KAZIPARA, PT-I (AZAD NAGAR),
         P.S. AND P.O.- CHAPAR, DISTRICT- DHUBRI, ASSAM, PIN CODE- 783301



         VERSUS

         THE STATE OF ASSAM AND 5 ORS
         REPRESENTED BY THE COMMISSIONER AND SECRETARY, TO THE
         DEPARTMENT OF HOME AND POLITICAL, ASSAM, DISPUR, GUWAHATI-6

         2:THE DIRECTOR GENERAL OF POLICE
          HEADQUARTER- ULUBARI
          GUWAHATI-7

         3:THE ADDITIONAL DIRECTOR GENERAL OF POLICE
         APRO
          HEADQUARTER- ULUBARI
          GUWAHATI-7

         4:INSPECTOR GENERAL OF POLICE (COMMUNICATION)
         ASSAM
          HEADQUARTER- ULUBARI
          GUWAHATI-7

         5:THE ACCOUNTANT GENERAL
          MAIDAM GOAN
          BELTOLA
          GUWAHATI-21

         6:MUSTT. HASINA BEGUM
         W/O- LT. JOYMAL ABEDIN SHEIKH
          R/O- HARAPUTA
                                                                       Page No.# 2/3

             P.O. HARAPUTA
             P.S. GOSAIGAON
             DISTRICT- KOKRAJHAR
             BTR
             ASSA

Advocate for the Petitioner   : MR P KATAKI

Advocate for the Respondent : GA, ASSAM




                                    BEFORE
                     HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

                                          ORDER

11.12.2023

Heard Mr. P. Kataki, learned counsel for the petitioner. Also heard Mr.

C.K.S. Baruah, learned Additional Junior Government Advocate, Assam and Mr.

A. Hassan, learned Standing counsel, Accountant General, (A&E).

This writ petition is filed by the petitioner who is admittedly the second

wife of one late Joynal Abedin Sheikh who was an Assistant Sub Inspector under

the Assam Police.

There is a dispute between the first wife, namely, the respondent no.6 and

the second wife, namely, the petitioner with respect to the receipt of the

apportionment of the family pension.

Mr. C.K. S. Baruah prays for 3 (three) weeks time to obtain required

instructions in the matter in terms of the representation dated 18.07.2022 Page No.# 3/3

preferred by the petitioner to the Special Director General of Police

(Communication) APRO, for apportionment of the pension.

Learned counsel for the petitioner submits that the issue of apportionment

of pension between first wife and second wife has been authoritatively settled

by the Full Bench judgment of this Court rendered on 22.12.2022 in Mustt

Junufa Bibi vs Mustt Padma Begum @ Padma Bibi & 4 Ors. reported in (2023) 5

GLR 824 (Writ Appeal No.160/2018)

Let the matter be listed again on 09.01.2024.

Extra copies of the writ petition be served to the learned counsel for the

respondents within 2 (two) working days from today.

JUDGE

Comparing Assistant