CIVIL WRIT JURISDICTION CASE No.8527 OF 2001 In the matter of an application under Article 226 Of the Constitution of India. --------- 1. HARENDRA SINGH YADAV @ HARINANDAN SINGH 2. SURENDRA PRASAD SINGH BOTH S/O LATE BALROOP SINGH, R/O VILLAGE-BAHPURA,PS. BIHTA,DISTT-PATNA--- PETITIONERS Versus 1. THE STATE OF BIHAR 2. THE DIRECTOR GENERAL OF POLICE 3. THE DEPUTY INSPECTOR GENERAL OF POLICE (PERSONEL), BIHAR, PATNA 4. THE SUPERINTENDENT OF POLICE, SAHEBGANJ 5. THE SUPERINTENDENT OF POLICE, DUMKA 6. RAM DULARI DEVI, DAUGHTER OF SRI JAI KISHUN RAI,C/O PULAKIT BARAHI, R/O VILLAGE- MAGARAUNI,PS.RAM NAGAR, DISTT.- MADHUBANI-------- RESPONDENTS --------- For The Petitioners :MR.SANJAY K.GRIYAGHEY, ADVOCATE FOR THE STATE: MR. ANANT KUMAR,JC TO SC XI For The Respondent NO.6:MR. SUBROTESWAR DE,ADVOCATE -------- P R E S E N T THE HON'BLE MR. JUSTICE AJAY KUMAR TRIPATHI A.K.Tripathi,J It is a long drawn battle between the petitioners and private respondent no. 6 for the benefit which was to accrue to the legal heirs after the death of a former employee in the Police Department, namely, Balroop Singh. The said Balroop Singh died in harness and thereafter dispute arose between two petitioners and private respondent no.6 who claims herself to be the legally married wife of late Balroop Singh. The two petitioners are the sons of Balroop Singh from the first wife and they decided to disown respondent no. 6 to be the legally married wife of late Balroop Singh. The litigation seems to have been going on between the parties which would be evident from perusal of the record of this case from way back 1995.Several rounds of writ applications have been filed and based on the observations and order a kind of an enquiry has been held. At one point of time on - 2 - direction of the Court petitioner no.2 had been granted employment on compassionate ground and the retiral dues accrued to private respondent no.6. Thereafter detailed enquiry had been held by the Superintendent of Police Sehabganj which is dated 12.9.2000 and is contained in annexure-9 to the writ application. The Court has gone through the enquiry report and keeping in mind the diverse evidence which has been brought on record, this Court comes to an opinion that the finding reached by the Superintendent of Police in this regard cannot be brushed aside. The dispute between the parties must rest at one point and it is in this background the Court would not like to interfere with the finding rendered by the Superintendent of Police, Sehabganj contained in annexure-9. The respondent State authorities would be obliged to settle the issue based on the opinion rendered in annexure-9 on the question of release or grant of benefits of late Balroop Singh. If the petitioners are not satisfied with the order in question they have freedom to take recourse to appropriate relief, if necessary, by filing a suit and getting a declaration in their favour in this regard. This writ application stands disposed of with the above direction and liberty. (Ajay Kumar Tripathi,J.) Patna High Court, Patna Dated the 18th November, 2008 NAFR/RPS/Sr.Secy.