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In The Goods Of Late Shri Uma Shankar Mishra - TESTAMENTARY CASES No. 28 of 2003  RD-AH 5185 (1 November 2005)
Hon. Sunil Ambwani, J.
Heard Sri Ravi Shanker Prasad and Jai Prakash Rai for the applicant seeking recall of the grant of Letters of Administration dated 5.3.2004 of the estate of Late Uma Shanker Misra in favour of Maheep Kumar Misra. It is contended that the applicant Smt. Satyabhama Misra and her two minor children impleaded through her as their natural guardian, are the widow and children of Late Uma Shanker Misra. The applicants have filed Succession Case No. 117 of 2003 for issuance of succession certificate to the estate of deceased Uma Shanker Misra, in the Court of Civil Judge, Varanasi.
In paragraphs 13 and 14 it is stated that Sri Maheep Kumar Misra filed an application on 30.8.2003, in the pending Succession Case No. 117 of 2003 in the Court of Civil Judge, Varanasi, and sought time for filing objections. He filed an objection on 5.11.2003 and thereafter by withholding the fact of pendency of the contentious succession case in the Court of Civil Judge, Varanasi, he filed this Testamentary Case for issuing Letters of Administration. Sri Maheep Kumar Misra did not disclose the fact of pendency of the succession case in the Court of Civil Judge, Varanasi. The entire proceedings were taken behind the back of the applicant and that the Letters of Administration were granted to Sri Meheep Kumar Misra as son of the deceased treating the case to be non-contentious and declaring him to be
entitled to administer the properties , consisting of G.P.F., Grauity, Group Insurance, Arrears of Salary and a Flat No. 308/1, Allahpur, Allahabad. He did not disclose to this Court that the applicants as widow and minor children are also claiming to be heirs of the deceased.
Sri Santosh Kumar Shukla appears for Maheep Kumar Misra . He was not in a position to deny that Sri Maheep Kumar Misra had filed the objection in the succession case No. 117 of 2003 pending in the Court of Civil Judge, Varanasi, and that he was aware of the pendency of the case at Varanasi when the application for Letters of Administration were moved. Further he could not explain as to why this fact was concealed by him from this Court.
I find that the petitioner Maheep Kumar Misra has played fraud with this Court. He has deliberately concealed the pendency of Succession Case No. 117 of 2003 pending in the Civil Court, Varanasi in which he had appeared and filed objection and thereafter applied for Letters of Administration in the High Court without impleading or disclosing the full facts.
The plea that Smt. Satya Bhama Misra is not the legally wedded wife of the deceased, is to be considered in the pending Succession Case at Varanasi. In the facts and circumstances, the order dated 20.1.2004 allowing the application for grant of Letters of Administration is recalled. The Office shall not issue Letter of
Administration to him. He is at liberty to persue the objections or to apply or to file a sucession suit, after disclosing full facts. At Varanasi. Since he has played fraud with this Court, the cost of Rs. 10,000/- (Rupees ten thousand) are imposed upon him which shall be deposited by him in the account of Legal Aid Services Authority, High Court, Allahabad within two months failing which the Registrar General shall issue recovery certificate to the District Magistrate to recover the same from his as Arrears of Land Revenue.
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