High CourtsSingle Bench(2018) 09 CHH CK 0240

Rajesh Kumar And Ors vs Must. Aasna Yadav And Ors

Chhattisgarh High Court · Decided on 13 September 2018

HON’BLE JUDGES
Sanjay K. Agrawal, J
RESULT
Dismissed
CASE NUMBER
W.P. (227) No. 788 Of 2018

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Judgment

12 paragraphs · 195 words

Sanjay K. Agrawal, J

1.

In a claim petition filed by Smt. Aasna Yadav for death of her husband Dhanswar Yadav, the brothers and sisters of the deceased Dhanswar

Yadav also made an application for impleadment as party non-applicant in the said claim petition which was rejected by the learned Claims Tribunal

against which this writ petition under Article 227 has been preferred.

2.

Learned counsel for the petitioners submits that the petitioners are the necessary party to be impleaded in the claims petition and, therefore, the

impugned order be set aside.

3.

I have heard learned counsel for the petitioners.

4.

On account of death of Shri Dhanswar, his widow Smt. Aasna Yadav has preferred the claim petition which is pending consideration before the

Claims Tribunal and the father and mother of the deceased have already been impleaded as party non-applicant in the claim petition therefore, the

Claims Tribunal is absolutely justified in rejecting the application filed by the brothers and sisters of the deceased. As such, I do not find any merit in

the writ petition.

5.

Accordingly, the writ petition deserves to be and is hereby dismissed. No order as to cost(s).