IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.15021 of 2005 Rasulan Bibi @ Khatun W/o Late Abdul Mazid @ Mian, resident of Village-Kaithawali, P.S.- Mairwa, District-Siwan. ….Petitioner. Versus 1. The State of Bihar. 2. The District Magistrate, Siwan. 3. The Sub-Divisional Officer, Siwan. 4. The Circle Officer, Mairwan, Siwan. ….Respondents. ---------------------------------- 2. 29.11.2011 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner, who is the wife of the deceased, who was working in the Military Engineering Service, has filed the present writ application for setting aside letter No. 105 dated 22.08.2005 issued by the Circle Officer, Mairwa, Siwan by which he has added the names of three other persons in the family list of the petitioner. Learned counsel for the petitioner submits that the said three additions are of persons who are strangers to the family and in fact it is bad since it is at the behest of a person who claims to be the second wife and the other two are alleged to be offsprings 2 from such marriage. He submits that in all official records only the petitioner and her offsprings are entered and therefore there was no occasion for the Circle Officer to add the names of the other three persons. Learned counsel submits that the petitioner had died in harness while working in West Bengal and in view of the fact that the death-cum-retiral benefits were not being paid to the petitioner, she had approached the Calcutta High Court in which the other lady also tried to intervene but finally the case was decided in favour of the petitioner. He submits that if the order impugned is allowed to stand them the other lady will also raise claim over the other movable and immovable assets belonging to the late husband of the petitioner. He therefore submits that the said order should not be allowed to stand. Learned counsel for the State on the other hand submits that the matter requires detailed investigation and also would require taking of evidence for which a Civil Court of competent jurisdiction has only got jurisdiction. He submits that the petitioner may approach the Civil Court of 3 competent jurisdiction for any declaration in her favour. Considering the facts and circumstances of this case, the writ petition stands disposed off with liberty to the petitioner to approach the Civil Court of competent jurisdiction for a declaration in her favour with regard to she being the only wife of her deceased husband. Kamlesh (Ahsanuddin Amanullah, J.)