Created by Fuzzy Cloud

Allahabad High Court

SMT. GOHAR KHANAMversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The Court held that the petition is best redressed by the Municipal Commissioner and disposed of the writ without adjudicating the merits.

Summary

Smt. Gohar Khanam filed a writ petition seeking a mandamus directing the State authorities to consider and finally decide her medical reimbursement claim for treatment between 24 September 2025 and 25 January 2026 and to release the recommended amount of Rs.58,533. She also asked the court to direct the respondent Municipal Commissioner to pass an order on her representation dated 21 August 2026 within a stipulated period. The respondents contended that the grievance should be addressed by the Municipal Commissioner and did not oppose a direction for expeditious disposal of a fresh representation. The High Court observed that keeping the petition pending would serve no useful purpose and ordered the petitioner to file a fresh representation before the Municipal Commissioner within three weeks, attaching a certified copy of the order, and directed the Commissioner to decide the matter within three months. The petition was therefore disposed of without any observation on its merits.

Issues considered

  • Whether the High Court can issue a mandamus directing the State authorities to decide the petitioner’s medical reimbursement claim.
  • Whether the petition should be dismissed and the petitioner directed to approach the appropriate administrative authority for redress.

Subjects

  • writ of mandamus
  • medical reimbursement
  • administrative law
  • representation
  • expeditious disposal
  • high court

Judgment

          HIGH COURT OF JUDICATURE AT ALLAHABAD

                        WRIT - A No. - 15930 of 2026

Smt. Gohar Khanam
                                                                    .....Petitioner(s)
                                      Versus
State Of U.P. And 3 Others
                                                                  .....Respondent(s)

Counsel for Petitioner(s)                   :    Mushir Ahmad Siddiqui
Counsel for Respondent(s)                   :    C.S.C., Pankaj Srivastava

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

1. Heard learned counsel for the petitioner, learned Standing Counsel
representing State-respondents 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 the respondent authorities to consider and finally decide the
     petitioner's medical reimbursement claim relating to treatment from
     24.09.2025 to 25.01.2026 and also release the admissible medical
     reimbursement amount of Rs.58,533/-, as recommended after technical
     examination, subject to verification in accordance with the applicable
     Rules.

     ii. to issue a writ, order or direction in the nature of mandamus directing
     the respondent no.2 to pass an appropriate order on the representation of
     the petitioner dated 21.08.2026 (Annexure No.4) expeditiously within
     stipulated period as fixed by this Hon'ble Court."

3. Sri Pankaj Srivastava, learned counsel appearing for the respondents No. 2
and 4 and learned Standing Counsel representing State-respondents No. 1
and 3 have contended that the grievance of the present petitioner regarding
non-reimbursement of his medical claim can be more appropriately
redressed by the Municipal Commissioner (respondent No. 2), and he has no
objection, in case, a direction is issued for expeditious disposal of a fresh
representation to be moved by the 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
                                                                                             WRIA No. 15930 of 2026
                                                                    2

                                    on the merits of the case, with liberty to the petitioner to move a fresh
                                    representation before the Municipal Commissioner (respondent No. 2), to
                                    ventilate his grievance, as averred in the present writ petition, within a
                                    period of three weeks from today, along with a certified copy of this order
                                    and a self attested copy of the present writ petition, and, in turn, he shall
                                    consider and decide the same in accordance with law expeditiously,
                                    preferably, within a period of three months from the date of production of
                                    such representation.

                                    5. With the aforesaid observation, present writ petition is disposed of.

                                    September 30, 2026
                                    vinay
                                                                                              (Dinesh Pathak,J.)




Digitally signed by :-
VINAY KUMAR
High Court of Judicature at Allahabad


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.