1 2025:CGHC:17972 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3487 of 2022 1 - Chandrika Prasad Baghel S/o Shri Konda Baghel Aged About 47 Years R/o Village - Junwani Kala, Post Khedha, Police Station Nandghat Chowki Maro, Tahsil Navagarh, District : Bemetara, Chhattisgarh 2 - Smt. Vimla Baghel W/o Shri Chandrika Prasad Baghel Aged About 45 Years R/o Village - Junwani Kala, Post Khedha, Police Station Nandghat Chowki Maro, Tahsil Navagarh, District : Bemetara, Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through - The Secretary, Government Of Home Affairs Mahandi Bhawan, Mantrayala, New Raipur, District : Raipur, Chhattisgarh 2 - The Inspector General Of Police Durg Range, Durg, District : Durg, Chhattisgarh 3 - The Collector Bemetara, District : Bemetara, Chhattisgarh 4 - The Superintendent Of Police Bemetara, District : Bemetara, Chhattisgarh 5 - The Sdm (Revenue) Bemetara, District : Bemetara, Chhattisgarh 6 - The Sho Police Station Navagarh, District : Bemetara, Chhattisgarh 7 - Smt. Rajni Baghel W/o Late Kamal Prasad Baghel Aged About 32 Years R/o Village Junwani Kala, Post Khedha Police Station Nandghat Chowki Maro Tahsil Navagarh District Digitally signed by GOPAL SINGH Date: 2025.06.03 17:00:47 +0530 2 Bemetara (C.G.) At Present R/o Mohammad Bashir Khan Ward 15 B.D.O. Chal Mungeli Pandaria Road Mungeli, Chhattisgarh, Pin 495334 8 - Smt. Kirti Baghel W/o Late Kamal Prasad Baghel Aged About 32 Years R/o Village Harshit Vihar Colony Urkura Ward No. 16, Police Station Khamtarai District - Raipur (C.G.) At Present R/o Central Jail Raipur, District : Raipur, Chhattisgarh ... Respondent(s) For Petitioners : Shri Vijay Shankar Mishra, Advocate on behalf of Shri Dheerendra Pandey, Advocate For State : Shri Khulesh Sahu, Panel Lawyer Hon’ble Shri Justice Amitendra Kishore Prasad Order on Board 21/04/2025 1. Learned counsel appearing for the petitioners submits that the petitioners have filed this petition being aggrieved by the orders dated 4.5.2022 and 6.5.2022 by which succession certificate has been issued to respondent No.6 for payment of service dues in respect of Late Kamal Prasad Baghel, who was working as a Constable. Learned counsel further submits that the Additional Collector, Bemetara has passed the orders dated 4.5.2022 and 6.5.2022 who has no authority to issue succession certificate. A succession certificate can only be issued by the jurisdictional authority under Section 372 of the Indian Succession Act. However, in the present matter, the Additional Collector has passed the orders which are per se illegal, as such this petition has been filed for quashment of the orders dated 4.5.2022 and 6.5.2022 which have been passed in excess of jurisdiction by the Additional Collector. 3 2. No one appears on behalf of respondents No.7 and 8 though notices have been served upon them. Shri A.K. Yadav and Shri Vikas Pandey, Advocates have filed Vakalatnama on behalf of respondent No.7, but, there is no representation made on her behalf today. 3. Learned counsel appearing for the State submits that it seems that the orders dated 4.5.2022 and 6.5.2022 have been passed in excess of jurisdiction. 4. Considering the facts and circumstances of the case, considering the relevant law applicable to this case that there is provision under Section 372 of the Indian Succession Act to file an appropriate application for grant of succession certificate which has been followed and without there being any authority, the Additional Collector has passed the orders of succession, as such, the Additional Collector has exceeded his jurisdiction and has exercised power and authority of Civil Court. Accordingly, the orders dated 4.5.2022 and 6.5.2022 passed by the Additional Collector are hereby quashed. 5. With the aforesaid observations and directions, the writ petition is allowed. Sd/- (Amitendra Kishore Prasad) JUDGE Gopal Singh