Rukminbai Anandrao Landge v. The District Collector Nanded And Others

2024:BHC-AUG:17520-DB 943wp8261-24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 943 WRIT PETITION NO. 8261 OF 2024 RUKMINBAI ANANDRAO LANDGE

VERSUS

THE DISTRICT COLLECTOR NANDED AND OTHERS ...

Mr. Govind G. Suryawanshi, Advocate for the Petitioner Mr. N. S. Tekale, AGP for Respondent No.1 State Mr. S. B. Pulkundwar, Advocate for Respondent Nos. 2 to 4

CORAM

: RAVINDRA V. GHUGE & Y. G. KHOBRAGADE, JJ.

DATE : 6th August, 2024 ORDER:

1.

The Petitioner claims to be the first wife of Respondent No.4, who is Headmaster of Zilla Parishad Primary School. The Petitioner alleges that he has entered into a second marriage. The second wife is not added as a Respondent. The Petitioner desires that this Court should issue a Writ of Mandamus to the Chief Executive Officer, Zilla Parishad, Nanded for entering her name into the service book as a nominee, by Respondent No.4.

2.

We are afraid, we cannot entertain such a Petition. A Writ of Mandamus cannot be issued to nominate a particular person against the desire of the employee. If the Petitioner desires, she may get a declaration from the competent court that she is the legally wedded

943wp8261-24 wife. Thereafter, the Petitioner may avail of the remedies as are permissible in law.

3.

With the above observation, this Writ Petition is disposed off. ( Y. G. KHOBRAGADE, J. ) ( RAVINDRA V. GHUGE, J. ) JPChavan