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2023 Supreme(Ori) 50

ARINDAM SINHA
Tribeni Mohapatra – Appellant
Versus
Sub Collector, Subarnapur – Respondent


Advocates appeared:
Manoj Kumar Das, Advocate, S. Rath, Advocate, S. K. Rout, Advocate, Sangeneria, Advocate, A. K. Sharma, Advocate

JUDGMENT

Arindam Sinha, J. - Mr. Das, learned advocate appears on behalf of petitioner and submits, his client has not been granted legal heir certificate in spite of her being widow of the deceased. He draws attention to order dated 31st October, 2015, made in the criminal proceeding initiated by his client under section 125 in Code of Criminal Procedure, praying for interim maintenance. The family Court found, admittedly his client is married wife of the since deceased.

2. Mr. Sharma, learned advocate, Additional Government Advocate appears on behalf of State and submits with reference to impugned order dated 24th September, 2016, the Revenue Officer gave reasons relying on report of the Revenue Inspector saying, inter alia, petitioner had absconded and got married to another person. He relies on clause-(b) in note under rule 3 of Odisha Miscellaneous Certificates Rules, 2017, published in Odisha Gazette Extra Ordinary on 17th April, 2017 providing, inter alia, in disputed cases applicants may be advised to approach civil Court.

3. Mr. Sangeneria, learned advocate present in Court is appointed Amicus Curiae. He submits, the Supreme Court in Yallawwa v. Shantavva, reported in AIR 199

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