FATIMA Vs. STATE

JUDGEMENT

(1.) ONE Mohammad Shafi Gujri expired in some militancy related incident in lieu whereof Dy. Commissioner, Srinagar granted ex gratia relief in favour of his next of kin under order No. DCS/Relief/20 of 2003 dated: 6.3.2003 on basis whereof the petitioner herein namely Mst. Fatima mother of above said deceased obtained succession certificate from District Judge, Srinagar for the exgratia amount of Rs. 1.00 lac sanctioned as above. The certificate was, however, cancelled by the said Court on 12.11.2003 at the behest of respondent through respondent No.2, the step brother of deceased and the succession proceedings were finally disposed of with an observation that exgratia relief would not be covered by the provisions of Succession Certificates Act leaving the parties at liberty to agitate their respective rights before a competent civil court.

(2.) THE Succession Certificate Litigation is followed by present writ petition whereunder the petitioner, mother of deceased, seeks a direction to Dy. Commissioner, Srinagar for releasing exgratia amount sanctioned by him vide above mentioned order in her favour as being the NOK of deceased nearer in relation than respondents and as such entitled to the same. In reply respondents contest the petition on the ground that petitioner had been left by her husband around two decades back and as such not entitled to any portion of the exgratia relief. During course of submissions appearing counsel reiterated and further elucidated their pleadings.

(3.) I have heard learned counsel and considered the record. Settlement of whole controversy directly depends upon the meaning/import of the expression "next of kin" which should ordinarily have been defined by the Dy. Commissioner who sanctioned the amount of exgratia in favour of the next of kin of the deceased which however, does not appear to have been done creating space for litigation between the parties.