Sambha Bhimashankar Ratnaparkhe And Others v. The State Of Maharashtra Through Chief Secretary And Others

2024:BHC-AUG:7866 1 919

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 919 WRIT PETITION NO. 3753 OF 2024 SAMBHA BHIMASHANKAR RATNAPARKHE AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA THROUGH CHIEF SECRETARY AND OTHERS ...

Advocate for the Petitioner : Mr. Andhale Mahadev Ramkisan AGP for Respondents No.1 to 7 & 9: Mr. B. A. Shinde ...

CORAM : ARUN R. PEDNEKER, J.

DATE : 12th APRIL, 2024 PER COURT:

1.

Heard.

2.

The learned AGP appears for respondents no.1 to 7 and 9. 3.

The present petitioners are challenging the grant of the legal heirship certificate in favour of the respondents / original applicants. The learned counsel submits that the legal heirship certificate would prejudice the petitioners rights over the land in Gut No.50 situated at village Dahikhed, Taluka - Sonpeth, District - Parbhani. 4.

The legal heirship certificate is merely a formal recognition of the existing status of the heirs of the deceased and it does not confer any rights on the legal heirs to any property. The legal heirs of the

2 919 deceased would be entitled to raise the claim based on the document as what would be available to the deceased, so also, to the petitioners, who claim to have right over the Gut No.50 will be also entitled to defend the claim or any proceedings initiated by the applicants legal heirs. Since, the grant of legal heirship certificate will confer no rights, there is no reason for this court to interfere in the order granting the legal heirship certificate.

5.

With the above observations, the writ petition is dismissed. [ARUN R. PEDNEKER, J.] marathe