Allahabad High Court
AMIT KUMAR SINGHversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- ANISH KUMAR GUPTA
Holding
The petition is dismissed as infructuous because the relief sought has already been satisfied.
Summary
The petitioner, Amit Kumar Singh, filed a writ petition seeking a mandamus directing the State of U.P. and other respondents to pay post‑retrials benefits of Rs 12,88,9333/- to the legal heir of the deceased employee, along with interest at 12% per annum from the date of death. The High Court ordered the respondents to make the payment and stipulated a period for payment. The State, through its Additional Chief Standing Counsel, informed the Court that the entire amount had already been paid, and the petitioner's counsel also acknowledged receipt of the payment. On the basis that the relief sought had been fully satisfied, the Court held the petition to be infructuous. Consequently, the petition was dismissed as infructuous.
Issues considered
- What is the appropriate remedy when the relief sought in a writ petition has already been granted and the payment made?
Subjects
- mandamus
- post retrial benefits
- succession certificate
- infructuous petition
- payment of interest
- high court writ jurisdiction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 49491 of 2015
Amit Kumar Singh
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : A.K. Trivedi, Pramod Kumar
Srivastava, Raj Narayan Singh, Shiv
Singh
Counsel for Respondent(s) : C.S.C.
Court No. - 34
(SN.41)
HON'BLE ANISH KUMAR GUPTA, J.
1. On 27.01.2026, this Court has passed the following order:
"A) a writ order or direction in the nature of Mandamus
commanding/directing the respondent nos 3 and 4 to make the
payment of post retrial benefits to the petitioner of the
deceased employee namely Ram Jiyayee amounting Rs
12,88,9333/-, for which a succession certificate has been
granted by the Civil judge (S.D) Chitrakoot within the
stipulated period granted by this Hon'ble court.
AND
be further pleased to stipulate the period for payment of the
post retrial benefits as this Hon'ble court may deemed fit and
proper in the facts and circumstances of the case.
B) a writ order or direction in the nature of Mandamus
commanding/directing the respondents to make the payment of
interest @ 12% per annum w, e, f, 27-5-2010 (i, e is the date of
death) till the date of actual payment."
2. In view thereof, learned Additional Chief Standing Counsel for the
State, on instruction, submits that the entire payment due to the petitioner
has already been made.
WRIA No. 49491 of 2015
2
3. Learned counsel for the petitioner has also acknowledged the receipt of
the payment. In such view of the matter, he submits that the instant
petition has become infructuous.
4. Accordingly, the instant petition is dismissed as infructuous.
(Anish Kumar Gupta,J.)
May 5, 2026
Shubham Arya
Digitally signed by :-
SHUBHAM ARYA
High Court of Judicature at Allahabad
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