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Orissa High Court
Ranjita Pani vs State Of Odisha & Others .... Opposite ... on 15 April, 2026
Author: Biraja Prasanna Satapathy
Bench: Biraja Prasanna Satapathy
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C ) No.3760 of 2024
Ranjita Pani .... Petitioner
Mr. B.P. Tripathy,Sr.
Advt. along with Mr. R.
Achary, Adv.
-versus-
State of Odisha & Others .... Opposite Parties
Mr.C.K. Pradhan, AGA.
COROM:
THE HON'BLE MR.JUSTICE BIRAJA PRASANNA SATAPATHY
ORDER
Order No 15.04.2026
4. 1. This matter is taken up through Hybrid Mode.
2. Heard learned counsel appearing for the parties.
3. The present Writ Petition has been filed inter alia with
the following prayer:
It is therefore, prayed that this Hon'ble Court
may graciously be pleased to:
Admit this writ petition,
Issue appropriate orders/directions to set
aside/quash the legal heir Certificate vide
Miscellaneous Certificate No.E-LHC/ 2023/
128643 dated 28.07.2023 issued by the Opp.
party No.4 under Annexure-3 and consequential
impugned order dated 19.12.2023 passed by the
Opp. party No.3 under Annexure-5 and further
direct the Opp. Party No.4 to include the name of
the Petitioner as the legal heir of her deceased
husband.
And Pass such other or further orders as this
Hon'ble Court may deem fit and proper in the
facts and circumstances of the present case.
4. It is contended that Petitioner though is the married
wife of the deceased husband, but in the legal heir certificate
issued under Annexure-3, when she was not reflected as a
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legal heir and only the mother-in-law of the deceased was
shown as such, Petitioner challenging the same moved the
Sub-Collector, Patnagarh-Opp. party No.3 in Misc. Appeal
No.3 of 2023. But without proper appreciation of the
Petitioner's status as the married wife of the deceased, Opp.
Party No.3 disallowed the appeal vide the impugned order
dt.19.12.2023 under Annexure-5.
4.1. Learned Sr. Counsel appearing for the Petitioner
contended that Petitioner got married to the deceased before
the Marriage Officer, Koraput and necessary order was passed
by the Marriage Officer, Koraput vide order dt.25.08.1998
under Annexure-1 series. It is contended that even though
such a marriage was solemnized before the Marriage Officer,
Korput on 25.08.1998, but on the ground that Petitioner
failed to provide the Marriage Certificate, claim of the
Petitioner to be included as a legal heir of the deceased, was
rejected by the Appellate authority-Opp. Party No.3 vide order
under Annexure-5.
4.2. It is also contended that Marriage of the Petitioner
before the Marriage Officer, Koraput is admitted by the
District Sub-Registrar vide his letter dt.26.10.2023 under
Annexure-4. But on the face of the order passed by the
Marriage Officer on 25.08.1998 under Annexure-1 series and
the communication issued by the District Sub-Registrar on
26.10.2023 under Annexure-4, claim of the Petitioner to be
included as a legal heir of the deceased, was rejected vide the
impugned order under Annexure-5.
4.3. It is also fairly contended that in the meantime,
mother-in-law of the deceased has already passed away.
Accordingly, it is contended that with quashing of the
impugned order, Opp. Party No.4 be directed to issue a fresh
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legal heir certificate by indicating the Petitioner as the wife of
the deceased.
5. Mr. C.K. Pradhan, learned Addl. Govt. Advocate on the
other hand while supporting the impugned order contended
that even though marriage of the Petitioner with the deceased
was solemnized before the Marriage Officer, Koraput with
passing of an order on 25.08.19989 under Annexure-1 series,
but since consequential Marriage Certificate was never
produced, Opp. party No.3 while disbelieving the marriage,
refused to allow the appeal with passing of the impugned
order dt.19.12.2023 under Annexure-5.
5.1. It is also contended that on being intimated, District
Sub-Registrar, Koraput at Jeypore vide his letter
dt.26.10.2023, so enclosed under Annexure-4 has admitted
that no such Marriage Certificate is available. It is
accordingly contended that since in support of the marriage
so solemnized vide order dt.25.08.1998, Petitioner failed to
produce the Marriage Certificate, no illegality or irregularity
can be found with the impugned order.
6. Having heard learned counsel appearing for the parties
and considering the submission made, this finds that
Petitioner got married to the deceased before the Marriage
Officer, Koraput, with due service of the notice on
27.07.1998. The marriage was duly solemnised so reflected in
order dt.25.08.1998 under Annexure-1 series.(Certified copy
of the order available under Annexure-1 series and the
communication issued under Annexure-4 so produced by the
learned counsel appearing for the Petitioner in Court be kept
on record).
6.1. Since there is no dispute that Petitioner has married
the deceased before the Marriage Officer by complying all the
formalities as provided under the Special Marriage Act and
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since it is not disputed that such a marriage was solemnised
with passing of an order on 25.08.1998, it is the view of this
Court that on the ground of non-production of the Marriage
Certificate, claim of the Petitioner could not have been
rejected.
6.2. Since Petitioner is the wife and after the death of her
husband, she is making the claim to be shown as the legal
heir of the deceased , non-production of the Marriage
Certificate could not have been a ground to reject the
Petitioner's claim.
6.3. In view of the aforesaid analysis, this Court while
quashing the impugned order dt.19.12.2023 under Annexure-
5, so passed by Opp. party No.3, direct Opp. party No.4 to issue
the Legal Heir certificate by showing the Petitioner as the legal
heir of the deceased, if necessary application will be made by
the Petitioner in the prescribed format, within a period of 2(two)
weeks hence. Such a certificate be issued within a period of
2(two) weeks from the date of receipt of the application to be
made by the Petitioner.
7. The Writ Petition accordingly stands disposed of
(Biraja Prasanna Satapathy)
Judge
sangita
Reason: AUTHENTICATIION OF ORDER
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 22-Apr-2026 18:24:39
