Extracted from the PDF above. The PDF is authoritative.
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NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2266 of 2023 1 - Divya Lakra W/o Late Fransis Lakra Aged About 40 Years R/o Jashpur, Sanna Road, Nawatoli, Jashpur, Tehsil And, District : Jashpur, Chhattisgarh
... Petitioner(s) versus 1 - The Collector Jashpur, District : Jashpur, Chhattisgarh 2 - Tehsildar Jashpur, District : Jashpur, Chhattisgarh 3 - Sub Divisional Magistrate (Revenue) Jashpur Nagar, District : Jashpur,
Chhattisgarh 4 - Sub Divisional Officer Jashpur Nagar, District : Jashpur, Chhattisgarh 5 - Smt. Basanti Lakra W/o Late Fransislakra Aged About 54 Years R/o Village Bijalitoli- Jashpur, Tehsil And, District : Jashpur, Chhattisgarh
... Respondents (Cause-title taken from the Case Information System) ----------------------------------------------------------------------------------------------- For Petitioner:- Mr. Vidya Bhushan Soni, Advocate on behalf of Mr. B.P. Singh, Advocate For State :- Mr. Sakib Ahmed, P.L. For Respondent No. 5 :- Mr. J.K. Saxena, Advocate ----------------------------------------------------------------------------------------------- SB- Hon'ble Shri Justice Amitendra Kishore Prasad Order On Board 27.11.2025 VISHAKHA BEOHAR Digitally signed by VISHAKHA BEOHAR Date: 2025.11.28 10:49:28 +0530
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1. The petitioner is aggrieved against the order dated 06/02/2023 passed by Tehsildar, Jashpur and wrote a letter to SDO, Tehsil Office Jashpur in which Tehsildar has not considered the representation dated 24/11/2021 as per directed by this Hon'ble Court in WPS No. 9125/2022 and going to the other aspects and asked for succession certificate from the Petitioner that she is the legal heir or not of Late Fansis Lakra. 2. By way of this petition, following reliefs have been prayed:-
“10.1 That this Hon'ble court may kindly be pleased to set aside the transfer order dated 06/02/2023 with respect to the present petitioner. 10.2 That any other relief which this Hon'ble Court deems fit and proper may also be granted in favour of the petitioner safeguarding his interest.”
3. Facts of the case are that the husband of the Petitioner, Late Fransis Lakra, was serving as Assistant Grade-III at Jashpur Tehsil Office and died in harness on 24.12.2019. Respondent No. 5, the first wife, had separated from him long ago and in 2003 had herself admitted in proceedings under Section 125 CrPC that the Petitioner had been residing with Late Fransis Lakra as his wife.
After his death, a dispute arose between the Petitioner and Respondent No. 5 regarding retiral dues and compassionate
3 appointment, which was amicably settled in 2011 whereby it was agreed that compassionate appointment would go to Respondent No. 5’s daughter, pension to Respondent No. 5, and GPF and other monetary benefits would be equally shared between both women; Respondent No. 5 also gave statements and an affidavit acknowledging the Petitioner as the second wife and consenting to equal division of dues. However, despite this, Respondent No. 5 later refused to honour the settlement, forcing the Petitioner to make several representations and eventually file WPS No. 9125/2022, which was disposed of on 09.01.2023 with a direction to consider her representation, but the authorities instead raised a fresh issue of succession certificate, thereby frustrating the Petitioner’s rightful claim. 4. Learned counsel for the petitioner, at the outset, submits that he will not press this petition and will file an appropriate application before the authorities concerned for grant of a succession certificate or any other certificate in accordance with law, and will approach the authorities to seek disbursement of all dues payable to late Fransis Lakra. 5. In view of the above submission made, the present petition stands dismissed as not pressed. sd/- (Amitendra Kishore Prasad) Judge Vishakha