Sahenbi Asifali Kazi v. The State Of Maharashtra And Others

2024:BHC-AUG:9588-DB 673.21wp (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 903 WRIT PETITION NO. 673 OF 2021 SAHENBI ASIFALI KAZI

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ....

Mr V. S. Valse, Advocate h/f Mr F. K. Patel, Advocate for Petitioner;

Ms Neha Kamble, A.G.P. for Respondent Nos.1 and 2 Mr Abhijit More, Advocate for Respondent No.3 CORAM : RAVINDRA V. GHUGE AND R. M. JOSHI, JJ.

DATE : 3rd May, 2024 PER COURT:

1.

The Petitioner professes Mohammedan Religion. She has approached this Court for seeking pensionary benefits including monthly pension. Her husband retired from the Municipal Council, Paranda on 01/09/2008. He was receiving regular pension. He passed away on 08/04/2015. The Petitioner is his second wife. It is undisputed that the Non-Applicant is the legal heir of the late Asifali Ibrahimali Kazi. 2.

The learned Advocate for the Petitioner submits on instructions that the name of the Petitioner is Shahin Begum, wife

673.21wp (2) of Asifali Ibrahimali Kazi. It is further submitted that, erroneously, the first name of the Petitioner is mentioned as Sahenbi. Leave to correct the said name is sought. 3.

Considering the error committed and in view of the statement made on specific instructions that Sahenbi is the same person Shahin Begum, that we are permitting the Petitioner to carry out necessary corrections in the first name of the Petitioner. Correction be carried out forthwith.

4.

The learned Advocate for Respondent No.3/Municipal Council, Paranda submits that the claim of the Petitioner for pension, in the backdrop of the first wife having passed away, would be decided on it's merits, by following the due procedure laid down in law, within a period of 60 days from today. 5.

In view of the above statement, this Writ Petition is disposed off.

(R. M. JOSHI, J.) (RAVINDRA V. GHUGE, J.) sjk