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2025 DAILYLAW 96689 (ALL)

SMT SOMVATI v. State of U.P. AND 5 OTHERS

WRIA/14472/2024 · 2025-01-16

Neeraj Tiwari

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:7055 Court No. - 6 Case :- WRIT - A No. - 14472 of 2024 Petitioner :- Smt Somvati Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Amar Nath,Krishna Dev Mishra Counsel for Respondent :- C.S.C. Hon'ble Neeraj Tiwari,J. 1. Heard learned counsel for the petitioner and learned standing counsel for State- respondents. 2. Learned counsel for the petitioner is permitted to implead "Commissioner of Police, Prayagraj" as respondent no. 7 during the counsel for the day. 3. Present petition has been filed seeking following relief:- "II). Issue a writ, order or direction in the nature of mandamus directing the respondents to decide the representation dated 6.4.2024 within stipulated time." 4. Learned counsel for the petitioner submitted that earlier second wife of husband of petitioner has approached this Court by filing Writ A No. 16441 of 2019, which was disposed of vide order dated 29.10.2019 with direction to the respondent to decide the representation of the petitioner. Representation was decided against second wife i.e. Rita Sonkar vide order dated 7.3.2020. Thereafter, she has challenged the order dated 7.3.2020 before this Court by filing Writ A No. 5175 of 2020, which was dismissed vide order dated 10.08.2023. Against that, second wife has filed Special Appeal No. 732 of 2023, which was also dismissed vide order dated 6.12.2023. He next submitted that under such facts of the case, petitioner being first wife is fully entitled for family pension and all other dues, but till date, the same has not been paid to her. 5. Learned standing counsel submitted that petitioner may be directed to file fresh representation. Further, in case any such representation is filed, the same shall be considered and decided at the earliest. 6. In view of the facts and circumstances of the case, the writ petition is disposed of with liberty to petitioner to move fresh representation along with certified copy of this order before respondent No. 7 within two weeks from today. In case any such representation is filed, respondent No. 7 is directed to decide the same in accordance with law maximum within a period of six weeks thereafter. 6. It is made clear that this Court has not adjudicated the case on merits. It is upon respondent No. 7 to pass order after considering the relevant Rules as well as facts of the case. Order Date :- 16.1.2025/Arvind Digitally signed by :- ARVIND KUMAR GUPTA High Court of Judicature at Allahabad