Bina Moni Ray Baruah and Anr v. The State of Assam and 5 Ors

ORDER

03-08-2023 Heard Mr. M.U.Mahmud, learned counsel for the petitioners and Mr. P. Saikia, learned Government Advocate, Assam for the respondent Nos. 1, 2 & 3. Also heard Mr. R. K. Talukdar, learned Standing counsel, Accountant General (A&E), Assam for the respondent No. 4 and Mr. B. Islam, learned counsel for the respondent Nos. 5 & 6.

¶2Matter pertains to the claim of the family pension by the petitioners on the death of Sanjay Baruah, a Constable in the Assam Police, who expired on 21.10.2019. Page No.# 3/3

¶3It is contended by the petitioner No. 1, Bina Moni Ray Baruah that said Sanjay Baruah married her on 27.05.2008 and that the petitioner No. 2, Sanju Ray Baruah born out of their wedlock.

¶4Mr. Islam, learned counsel appearing for the respondent Nos. 5 & 6, submits that Smti. Moni Baruah, respondent No. 5 is the first wife of deceased Sanjay Baruah and that Rantu Baruah, respondent No. 6 is their son.

¶5By filing an affidavit on 27.07.2023, Mr. Islam, learned counsel for the respondent Nos. 5 & 6 placed before the Court that those two respondent Nos. 5 & 6 along with three daughters born to Smti. Moni Baruah, respondent No. 5 and the deceased Sanjay Baruah, filed a petition under Section 372 of the Indian Succession Act, 1925 before the learned District Judge at Dibrugarh being MISC (Succession) Case No. 22/2021 praying for the Succession Certificate on the death of said Sanjay Baruah in which the present petitioners were the opposite party Nos. 1 & 2.

¶6Mr. Islam, learned counsel for the respondent Nos. 5 & 6 also stated that after hearing the parties, the learned Additional District Judge, Dibrugarh by order dated 15.06.2023 passed in said MISC (Succession) Case No. 22/2021 held that the petitioners therein i.e., the respondent Nos. 5 & 6 herein along with three daughters, namely, Smti. Sangeeta Baruah @ Rimjim; Smti. Rimpi Baruah and Smti. Ritamoni Baruah are the surviving legal heirs of late Sanjay Baruah and accordingly, issued the Succession Certificate in favour of the petitioners therein.

¶7As the Succession Certificate has been issued in favour of the respondent Nos. 5 & 6, the Court is not inclined to interfere with the matter in exercising of its power conferred under Article 226 of the Constitution of India, pertaining to the issues involved in this writ petition.

¶8In view of the above, this writ petition being devoid of merit stands dismissed.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010219292021 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/7251/2021o BINAoMONIoRAYoBARUAHoANDoANR.o W/O-LATEoSANJAYoBARTUAH,oD/O-oLATEoKHANINoRAY,o R/O-oVILLAGEoHEKAIPARA,oP.OoANDoP.S-oBASUGAON,oDIST-CHIRANG,o BTR,oASSAM 2:oSANJUoRAYoBARUAH oS/O-oLATESANJAYoBARUAH oREP.oBYoHISoNEXToFRIENDoCUMoMOTHERoBINAoMONIoRAYoBARUAH R/O-oVILLAGEoHEKAIPARA oP.OoANDoP.S-oBASUGAON oDIST-CHIRANG oBTR oASSAo VERSUSo THEoSTATEoOFoASSAMoANDo5oORS.o REP.oBYoTHEoCOMMISSIONERoANDoSECRETARYo,oGOVT.oOFoASSAM,oHOMEo DEPARTMENT,oDISPUR,oGUWAHATI-06 2:THEoSUPERINTENDENToOFoPOLICE oDIBRUGARHoDISTRICToAToDIBRUGARHo ASSAM 3:THEoOFFICERoINoCHARGE oTINGKHONGoPOLICEoSTATION o DIST-DIBRUGARH ASSAM 4:THEoACCOUNTANToGENERAL oASSAM oBELTOLA oGHY-28 Page No.# 2/3 5:SMTI MONI BARUAH 2ND WIFE OF LATE SANJAY BARUAH R/O- VILLAGE TITADIMARU P.O-MOHANBARI DIST-DIBRUGARH ASSAM PIN-786001 6:RANTU BARUAH S/O- LATE SANJAY BARUAH MINOR REP. BY HIS MOTHER CUM NEXT FRIEND MONI BARUAH R/O- VILLAGE TITADIMARU P.O- MOHANBARI DIST-DIBRUGARH ASSAM PIN- 78600 Advocate for the Petitioner : MR. M U MAHMUD Advocate for the Respondent : GA, ASSAM BEFORE HON'BLE MR. JUSTICE MANASH RANJAN PATHAK