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Judgment
Arindam Sinha, J
Mr. Bose, learned advocate appears on behalf of petitioners and submits, his clients are the wife and daughter against serial nos.4 and 5 in legal heir certificate dated 22nd September, 2011. His further submission is, his client’s deceased husband did not have any other wife.
Aforesaid legal heir certificate was challenged by opposite party no.3, also claiming to be the wife. By impugned order dated 17th March, 2023, the legal heir certificate was directed to be cancelled. He submits, this could not have been done because there stands issued another legal heir certificate dated 23rd October, 2017, in which petitioners have been included as heirs. This certificate was never challenged.
Ms. Pattanayak, learned advocate, Additional Government Advocate appears on behalf of State.
It appears, opposite party no.3 was appellant no.1 in the misc. certificate appeal, resulting in impugned order. She too is a named legal heir in the unchallenged legal heir certificate dated 23rd October, 2017.
Issue notice along with this order on opposite party no.3 by registered/speed post with A.D. Petitioners will put in requisites. It is made clear that the writ petition will be heard for disposal on adjourned date.
Mr. Bose submits, due operation of impugned order, his client’s pension is likely to be stopped. There cannot be such apprehension since, subsequent unchallenged legal heir certificate dated 23rd October, 2017 remains a good document.
List on 17th May, 2023.
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