Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:105955 Court No. - 4 Case :- WRIT - A No. - 8818 of 2025 Petitioner :- Kulkamal Patel Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Rajesh Pratap Singh Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J. Heard learned counsel for the petitioner as well as learned Standing Counsel. It transpires from the documents appended with the petition that the petitioner is already pursuing before the Civil Court for pension purposes and hence his claim has not been considered by the authority concerned.
Learned counsel for the petitioner shall place before the Court the copy of plaint and shall argue as to why this petition may not be dismissed for the reason that he is pursuing the remedy of civil suit. It transpires from the pleadings that petitioner has already filed a suit for succession bearing no. 26/70/2021 in the civil court which is pending before the Civil Judge (Sr. Div.), Banda and this is the reason why his claim has not been considered by the authority. In view of the above, I see no cause available to the petitioner to question the order dated 23.05.2025, however, it is provided that petitioner may move an appropriate application before the Civil Judge (Sr. Div.), Banda to expedite the matter of succession filed under the Indian Succession Act and since the decree is passed by the competent civil court, the respondent concerned shall proceed to decide the claim of the petitioner for family pension expeditiously. Petition thus stands disposed of.
Order Date :- 7.7.2025 IrfanUddin Digitally signed by :- IRFAN UDDIN SIDDIKI High Court of Judicature at Allahabad