LAWS(PAT)-2014-2-118

KUMARI SUSHMITA Vs. RABINDRA KUMAR SINGH

Decided On February 03, 2014
Kumari Sushmita Appellant
V/S
Rabindra Kumar Singh Respondents

JUDGEMENT

(1.) I have heard learned counsel for the petitioners and the respondent Nos. 1, 2 and 8 to 11. None has appeared on behalf of other respondents. This writ application has been filed, inter alia, for grant of following reliefs:--

(2.) Petitioners, who are minors and have filed this writ application through their mother and natural guardian Most. Bipul Kuer @ Most. Bipul Devi, claim to be sons of late Nathuni Prasad Singh from his second wife. A genealogical table instance incorporated in pargraph-3(I) of the writ petition which is being reproduced as under:--

(3.) It is stated that the respondent No. 6 Ram Adhar Singh had two sons Nathuni Prasad Singh and Sant Prasad Singh (respondent No. 8). First son Nathuni Prasad Singh, who died on 11.7.1999, was having two wives. First wife was Chand Muni Kuer, i.e., respondent No. 2 whereas the second wife was Bipul Kuer. The respondent No. 1 as well as respondents 3, 4 and 5 are son and grandsons of the aforesaid Chand Muni Kuer respectively whereas the petitioners are minor sons and daughter of Nathuni Prasad Singh and Bipul Kuer. Nathuni Prasad Singh was in Government service working as a teacher and was posted at Government High School, Bihiyan when he died on 11.7.1999. It is stated in the writ petition that, after his death, the first wife of aforesaid late Nathuni Prasad Singh alongwith her son, i.e., the respondent No. 1 started hutching conspiracy with a view to deprive the minor petitioners from their legitimate claims being legal heirs of late Nathuni Prasad Singh and upon their false declaration before the Circle Officer, Kudra, they were able to obtain a false certificate as contained in Annexure-1 issued by the Anchal Adhikari disclosing the family members of late Nathuni Prasad Singh. In the said certificate, names of the petitioners were missing from the list of family members. After aforesaid fact came to the knowledge of the mother of the petitioners and when she threatened to file a criminal case against them, the aforesaid Chand Muni Kuer, i.e., the first wife of late Nathuni Prasad Singh, herself filed affidavit that, on being unaware of legal provision, she could not name the second wife of Nathuni Prasad Singh and her children and requested to cancel the certificate. Eventually, the aforesaid certificate was cancelled by the Circle Officer vide an order dated 24.8.1999 then on 15.12.1999, an affidavit as contained in Annexure-3 was sworn by the first wife and the second wife, viz., Chand Muni Kuer and Bipul Kuer accepting the present petitioners as heirs of late Nathuni Prasad Singh.