29.wp.5510.24 1/2 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Writ Petition No.5510 of 2024 Mangala wd/o Pandurang Devtale vs. Western Coal Ltd. and another =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office notes, Office Memoranda of Coram, appearances, Court's orders Court’s or Judge’s Orders or directions and Registrar’s orders. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Mr. A.U. Deshmukh, Advocate for the Petitioner. Mr. C.S. Samudra, Advocate for Respondent No.1. Mr. V.V. Pandey, Advocate for Respondent No.2. CORAM : Y.G. KHOBRAGADE & S.M. GHODESWAR, JJ. DATE : 27 th JULY, 2026. Heard the learned Counsel for the petitioner as well as the learned Counsel for the respective respondents. 02. By the present petition, the petitioner seeks to quash and set aside the communication dated 31/05/2024 issued by respondent No.1 and further seeks a direction to respondent No.1 to forward the pension proposal of the petitioner to respondent No.2 through its Regional Commissioner-II. 03. According to the petitioner, she is the second wife of deceased Pandurang Devtale, who was working as an employee with respondent No.1 and retired on 31/01/2021. As regards the fact that the petitioner is the second wife, the same is not in dispute. The petitioner claims that the first wife of deceased Pandurang had deserted him and, therefore, deceased Pandurang performed second marriage with the petitioner on 13/12/1997. It is an admitted fact that the said marriage was solemnized during the subsistence of the first marriage. 04. In the aforesaid circumstances, it would not be appropriate to direct the respondents to consider the case of the petitioner for grant of family pension. 2026:BHC-NAG:9563-DB 29.wp.5510.24 2/2 05. At this stage, the petitioner seeks leave to withdraw the present writ petition with liberty to approach the competent Civil Court for establishing her right. 06. Accordingly, the writ petition is disposed of as withdrawn with liberty, as prayed for. There shall be no order as to costs. (S.M. Ghodeswar, J.) (Y.G. Khobragade, J.) *sandesh