Smt. Ramkumari Yadav v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No. 2100 of 2021

1. Smt. Ramkumari Yadav W/o Late Shri Ram Bahadur Yadav Aged About 64 Years R/o Village Purebhawa, Nigohan, Tahsil Tiloi, District Amethi (U.P.)., Uttar Pradesh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Its Secretary, (Home Department) Mantralaya, Mahanadi Bhawan, New Raipur Chhattisgarh.

2. Director General Of Police, Police Head Quarter, Atal Nagar, New Raipur Chhattisgarh.

3. The Commandant 15th Battalion (IR) CAF, Chhattisgarh Armed Force, Dhanora, District Bijapur Chhattisgarh.

4. Nirmala Aged About 74 Years R/o Village Purebhawa, Nigohan, Tahsil Tiloi, District Amethi (U.P.)., Uttar Pradesh ---- Respondents For Petitioner :

Shri S. B. Pandey, Advocate.

For State :

Shri Sunita Jain, G.A.

Hon'ble Shri Justice P. Sam Koshy Order On Board 10.06.2021

1. The dispute in the present writ petition seems to be inter se between the petitioner and Respondent No. 4, both of whom claimed to be the legally wedded wife of the deceased Lt. Ram Bahadur Yadav, who died working on the post of Head Constable under the respondents No. 1, 2 & 3.

2. The plain perusal of the pleadings and the contention put forth by the petitioner itself shows that there are highly disputed question of facts and which would be required to determine as to who among the two is

the legally wedded wife and for deciding the same both oral as well as documentary evidences would be required and the High Court exercising the writ jurisdiction would find it difficult to decide all the disputed question of facts.

3. In view of the same, the writ petition at this juncture is disposed of with liberty to avail appropriate remedy available to him from the competent Civil Court so as to establish her claim before the respondents No. 1 & 2.

4. The writ petition stands accordingly disposed of. Sd/- 1.

P. Sam Koshy Judge Jyotijha