Sulbha Dnyanoba Lokhande v. The State Of Maharashtra Thr Deputy Commissioner Revenue And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 1035 WRIT PETITION NO.6686 OF 2021 SULBHA DNYANOBA LOKHANDE .. Petitioner

VERSUS

THE STATE OF MAHARASHTRA THR DEPUTY COMMISSIONER (REVENUE) AND OTHERS .. Respondents ...

Mr Ravindra Vitthal Gore, Advocate for the Petitioner Mr P.K. Lakhotiya, AGP for the Respondents / State ...

CORAM : S. V. GANGAPURWALA & R.N. LADDHA, JJ.

DATE : 13-08-2021 PER COURT : - 1.

The petitioner seeks disbursement of family pension. 2.

The learned Advocate for the petitioner submits that, one Shreebai was claiming to be the legally wedded wife of deceased Dnyanoba. The Succession Certificate issued in favour of Shreebai is revoked. The appeal filed by her is also dismissed. The Accountant General has already directed the Tahsildar, Latur to send the proposal for family pension of the petitioner (page - 51). 3.

The learned Advocate for the petitioner further submits that, the revision filed against the Judgment of the Appellate Court in Gajanan

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succession proceedings is pending, however no stay has been granted. 4.

In that event, there would be no impediment for the respondents to abide by the orders of the Court as are applicable and the communication of the Accountant General. The proposal shall be processed and forwarded by the employer for family pension in tune with the Judgment delivered by the Court in the succession proceedings and letter of the Accountant General. 5.

If any stay is granted to the Judgment of the Appellate Court delivered in succession proceedings, then the parties would be bound by the same.

6.

Writ Petition is accordingly disposed of. No costs. [ R.N. LADDHA ] [ S. V. GANGAPURWALA ] JUDGE JUDGE ...

Gajanan