Created by Fuzzy Cloud

Allahabad High Court

AMIT KUMAR SINGHversusSTATE OF U.P. AND 3 OTHERS

Decided

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


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.