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2015 Supreme(Tri) 651

S.TALAPATRA
Laxmi Mog – Appellant
Versus
State of Tripura – Respondent


Advocates:
Advocate Appeared:
For the petitioner: Mr. K. Roy
For the respondents: Mr. B. Dutta, Mr. A. Roy Barman, CGC, Mr. R.C. Debnath

Order

Heard Mr. K. Roy, learned counsel appearing for the petitioner as well as Mr. B. Dutta, learned State counsel for the respondent Nos. 1, 2 and 3, Mr. A. Roy Barman, learned CGC appearing for the respondents No. 4 and 5 and Mr. R.C. Debnath, learned counsel appearing for the respondent No.6.

2. Here is a dispute which arises for adjudication before this court under its extraordinary jurisdiction in terms of Article 226 of the Constitution between two ladies who have claimed to be the wives of one Thaingya Mog who died on 20.11.2008. Late Thaingya Mog was serving as a Constable under the Department of Home. After his death a survival certificate was issued by the Sub-Divisional Magistrate, Shantirbazar, South Tripura under No. F.(2)/SDM/STB/SFC/2007/75 dated 22.09.2009 referring the petitioner as well as Smt. Chaingoya Mog, the respondent No.6 respectively as the second wife and the first wife of late Thaingya Mog. However, named of their children are also incorporated in the said survival certificate. So far the status of the children are concerned there is no dispute. Even according to Mr. Roy, learned counsel appearing for the petitioner, no dispute exists between the petition














































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