1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. WRIT PETITION NO. 1892 OF 2011 (Smt. Mahrun Nisa w/o Mohammed Akhtar vs. Bharat Sanchar Nigam Ltd.) __________________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders. CORAM : B.P.DHARMADHIKARI & P.D. KODE, JJ. JULY 19, 2011. Heard Shri Bombaywala, learned counsel for the petitioner and Shri Mehadia, learned counsel for the respondent. The prayer in the petition is to direct respondent to release all death benefits including family pension, Death Gratuity, Provident fund, insurance amount etc. because of death of Mohd. Akhtar. Shri Bombaywala, learned counsel states that the petitioner is his legally wedded wife and entitled to succeed as a widow. In the alternative and without prejudice, he also points out that there is nomination in her favour. Shri Mehadia, learned counsel states that another lady has also claimed the same amounts as legally wedded wife of Mohd. Akhtar. He further points out that said other lady is actually occupying the residential quarter allotted to said Mohd. Akhtar 2 by the respondent even today and she is not a party before this Court. The facts clearly show that though the petitioner claims to be nominee, there is dispute about her status or then status of the other lady. The said other lady is not party before this Court. The dispute, therefore, cannot be resolved by this Court in writ jurisdiction. The petitioner was asked whether he would receive the amount as a Trustee holding for the said another lady, the learned counsel states that the other lady has to obtain succession certificate. In this situation, as the issue cannot be resolved by this Court, with liberty to the petitioner to take such steps as are open to her in law, present Writ Petition is disposed of. No order as to costs. JUDGE JUDGE *GS.