.%SBis8i8 feSte !Wut < ie ! 8!.issinB HIGH COURT OF CHHATTISGARH AT BILASPUR WritPetiti(>n(S)No. 2658 of2007 PETITIQNERS : I.Smt. Sushila alias Pordihin widow of Late Sant Ram, aged about 36 years, Caste Uraoa. 2. Thaleshwar (Minor) S/o l,ate Sant Ram, aged about 2 years Arough guardian-Mother Smt. Sushila alias Pordihin widow ofSant Ram. Both are resident of Village Rampur, Tahsil Lailunga, District Raigarh (CG). VER8US EESPONDENTS : 1. StateofChhattisgarhThroughSecretary,Revenue Department, Govt. of Chhattisgarh, DKS Bhawan, Raipur(CG). 2. Accountant General, State of Chhattisgarh, Raipur (CG). 3. CoUector, District Raigarh (CG). 4. Sonamati widow of Late Sant Ram Bhagal, aged about 43 years, Caste Uraon, resident of village Dudbahar, Tahsil Dharamjaigarh, District Raigarh (CG). (WRTf PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA) CSB: Hon'ble Mr. Satish K. Aamhotri, J.) Present : Shri M.K. Sinha, Advocate for the petitioners. Ms. SunitaJam, Panel Lawyer forthe State/respondentNo.l & 3. Shri Ajay Barik, Advocate for the respondentNo. 2. Smt. Hamida Siddique, Advocate for the respondent No. 4. ORALORDER (Passed on 9"' day ofjuly,2008) 1. The dispute, involved in this petition, is as to whether the petitioner No. 1 namely Smt. Sushila alias Pordihin, claiming to be wife oflate Sant Ram Bhagal, and Ihe petitioner No. 2, son of Smt. Sushila alias Pordihin, or the respondent No. 4 namely Sonmati, claiming to be first wife of late Sant Ram Bhagat, are entitled to pensionary benefits. A case, with regard to succession certificate, has been filed by the petitioners in the Court of Civil Judge Class-I, Gharghoda, Raigarh (CG). 2. The disputed facts involved in this petition, cannot be decided by fhis Court, in exercise of writ jurisdiction, under Article 226 ofthe Constitution of India. Even otherwise, the proceedings with regard to succession certificate is pending consideration before the Civit Judge CIass-I, Gharghoda, Raigarh (CG). Leamed counsel appearing for the petitioners submits that a suitable direction may be issued to the concemed court i.e. Civil Judge Class-I, Gharghoda, Raigarh (CG) to dispose of the matter expeditiously, to which leamed counsel appearing for the respondent No. 4 and others have no objection. Keeping in view the facts that disbursement of pension is involved 'm the instant petrtion, it is expedient that Civil Judge Class-I, Gharghoda, Raigarh (CG) may be directed to consider and decide pending suit No. 3/2006 (Smt. Sushila alias Pordihin wife of Sant Ram Bhagat and another Vs. Sonamati wife of Sant Ram Bhagat), within a period ofsbc months. Leamed counsel appearing for the petitioners submits that the interim relief granfed earlier may be continued. This matter stands disposed of, thus, tfae interim retief cannot be continued. However, the petitioners are at liberty to make appropriate application before tfie Civil Court eoncemed, wherein the matter is pending. In the event, an application is made, the same shalt be considered in accordance with law on its own merit, without being influenced by the o'bservations, niade by this Court hereinabove and in order dated 02.03.2007 passed in W.P. (S) No. 5463/2006. Accordingly, the writ petition is disposed of with the abovestated liberty. No order as to costs. Sd/- Satish K. Agnihotri Judge Sahu ''"•'^^