IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No. 902 of 2009(D.B.) 1. Kailashi devi, 2. Shushila Devi, Both wives of late Sri Bhola Singh, r/o. Village- Gara, P.S. Bhagwanpur, Distt. Begusarai. -------- Petitioners/Appellants. Versus 1. The Union Of India, through Secretary, Ministry Home Affairs, Govt. of India, New Delhi. 2. State of Bihar through Secretary to Government, Home (Special) Department, Govt. of Bihar, Old Secretariat, Patna. 3. Director-cum-Deputy Secretary, Home (Special) Department, Govt. of Bihar, Old Secretariat, Patna. 4. D.M., Patna. 5. Collector, Begusarai at P.S. Begusarai, Distt. Begusarai. 6. Treasury Officer, Monghyr. 7. Treasury Officer, Begusarai. ------- Respondents. ----------- 04. 03.02.2010 Heard learned counsel for the appellant and learned counsel for Union of India and perused the order passed by the writ Court dated 23.01.2009, whereby the writ petition was dismissed because Court was not convinced regarding genuineness of the claim of the petitioners that they are entitled to Freedom Fighter Pension Scheme as second and third wife of the original pension holder Sri Bhola Singh, who died on 15.01.1986. The Court was also of the view that the scheme only envisages the payment of pension to the first wife who 2 alone is legally wedded wife. Considering the complex issue of facts, we are not relying upon succession certificate, upon which learned counsel for the appellants wanted to place reliance. The State authorities or the Union of India were not parties to the succession case. In the peculiar facts of the case, we are of the considered view that writ Court rightly declined to interfere in the matter. In order to sustain their claims, they must prove that they are lawfully married second and third wives as well as show the law which entitles them to the Freedom Fighter’s Pension after the death of the original pensioner. For this they may approach Civil Court. We find no merit in this appeal. It is accordingly, dismissed. On facts we have not applied our minds and if the appellants approach the Civil Court, it must go through the facts and apply its mind independently. Mkr. (Shiva Kirti Singh, J.) (C.M. Prasad, J.)