Allahabad High Court

SMT DARSHANAversusSTATE OF U.P. AND 6 OTHERS

Decided: 22 September 2026
Bench: DINESH PATHAK

Holding

The Court disposed of the writ petition without merits, directing the petitioner to move a fresh representation before the appropriate executive authority.

Summary

The petitioner, a widow, filed a writ petition seeking a mandamus directing the competent authority to sanction and pay her family pension with interest, and also directing the District Magistrate of Hapur to consider an application dated 29.05.2026. The respondents argued that the grievance should be addressed by the Executive Officer of Nagar Palika Parishad, Hapur, and offered no objection to a fresh representation by the petitioner. The Court held that keeping the petition pending would serve no useful purpose and therefore disposed of the writ without addressing its merits. It directed the petitioner to file a fresh representation within three weeks, attaching a certified copy of the order, and instructed the respondent authority to decide it within three months. Consequently, the writ petition was finally disposed of with liberty to approach the appropriate executive authority.

Issues considered

Whether the High Court can issue a mandamus directing payment of family pension to the petitioner
Whether the District Magistrate should be directed to consider the petitioner's application dated 29.05.2026
Whether the grievance is more appropriately redressed by the Executive Officer of Nagar Palika Parishad, Hapur

Subjects

family pension
mandamus
writ petition
jurisdiction
administrative law
fresh representation

Judgment

          HIGH COURT OF JUDICATURE AT ALLAHABAD

                        WRIT - A No. - 14847 of 2026

Smt Darshana
                                                                  .....Petitioner(s)
                                      Versus
State Of U.P. And 6 Others
                                                                .....Respondent(s)

Counsel for Petitioner(s)                      :    Anand Kumar Pandey
Counsel for Respondent(s)                      :    C.S.C., Shahrukh

Court No. - 32
                      HON'BLE DINESH PATHAK, J.

1. Heard learned counsel for the parties and perused the record on Board.

2. This writ petition has been filed, inter alia, seeking the following reliefs:-

     "(i) To issue a writ, order or direction in the nature of mandamus
     commanding and directing the competent Respondent Authority to
     sanction and pay the family pension to the petitioner being widow of Late
     Mahesh Chand along with interest.

     (ii) To issue a writ, order or direction in the nature of mandamus
     commanding and directing the District Magistrate Hapur to consider and
     decide the Application dated 29.05.2026 [filed as Annexure No.3 to this
     Writ Petition] of the Petitioner pending before him."

3. Learned Standing Counsel appearing on behalf of respondents no.1 to 5
and Shri Shahrukh, learned counsel appearing on behalf of respondents no.6
& 7 have contended that the grievance of the petitioner, as raised in the
instant writ petition, can be more appropriately redressed by the Executive
Officer, Nagar Palika Parishad, Hapur (respondent no.6) and that he has no
objection if a direction is issued for expeditious disposal of a fresh
representation, to be moved by the present petitioner, within such stipulated
period, as may be directed by this Court.

4. In this conspectus, as above, no useful purpose would be served by
keeping this matter pending; therefore, this Court deems it appropriate to
finally dispose of the present writ petition, without making any observation
on the merits of the case, with liberty to the present petitioner to move a
fresh representation with respect to his grievances, as raised in this petition,
                                                                                            WRIA No. 14847 of 2026
                                                                    2


                                    within a period of three weeks from today, along with a certified copy of this
                                    order and a self attested copy of the instant writ petition before the
                                    respondent no.6, who, in turn, shall consider and decide the same in
                                    accordance with law, expeditiously, preferably within a period of three
                                    months from the date of production of the same.

                                    5. With the aforesaid direction, instant writ petition stands finally disposed
                                    of.

                                    September 23, 2026
                                    VR
                                                                                             (Dinesh Pathak,J.)




Digitally signed by :-
VIBHA RATAN
High Court of Judicature at Allahabad

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