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2026 DAILYLAW 13066 (GAU)

MUSTT SHAHIDA BEGUM AND 2 ORS. v. THE STATE OF ASSAM AND 9 ORS.

WP(C)/6532/2025 · 2026-08-25

Kaushik Goswami

Writ Petition (Civil)body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/4 GAHC010244742025 2026:GAU-AS:12313 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6532/2025 MUSTT SHAHIDA BEGUM AND 2 ORS. WIFE OF LATE MOFIZUDDIN AHMED, DAUGHTER OF SHAHER ALI, RESIDENT OF BHUTNATH, SHANTIPUR, P.S.- BHARALUMUKH, GUWAHATI- 781009, DISTRICT- KAMRUP (M), ASSAM 2: FARNAZ AHMED (MINOR) D/O LATE MOFIZUDDIN AHMED (REPRESENTED BY PETITIONER NO. 1 HER MOTHER) 3: MEFIZ AHMED (MINOR) D/O LATE MOFIZUDDIN AHMED (REPRESENTED BY PETITIONER NO. 1 HER MOTHER VERSUS THE STATE OF ASSAM AND 9 ORS. REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, DEPARTMENT OF HOME, DISPUR, GUWAHATI- 781006 2:THE DIRECTOR GENERAL OF POLICE ASSAM ASSAM POLICE ULUBARI GUWAHATI -781007 DISTRICT - KAMRUP (M) ASSAM 3:THE COMMISSIONER OF POLICE GUWAHATI KAMRUP (M) ASSAM 4:THE DEPUTY COMMISSIONER OF POLICE (ADMINISTRATION) Page No.# 2/4 ULUBARI GUWAHATI -781007 DISTRICT - KAMRUP (M) ASSAM. 5:THE OFFICER IN CHARGE LATASIL POLICE STATION GUWAHATI- 781001 6:DEPARTMENT OF PENSION AND PUBLIC GRIEVANCES TO BE REPRESENTED BY ITS DIRECTOR BLOCK-A 3RD FLOOR JANATA BHAWAN DISPUR GUWAHATI -781006. 7:THE ACCOUNTANT GENERAL (A AND E) ASSAM MAIDAMGAON BELTOLA GUWAHATI - 781029. 8:THE TREASURY OFFICER GUWAHATI TREASURY OFFICE GUWAHATI KAMRUP (M) ASSAM 9:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM DEPARTMENT OF FINANCE DISPUR GUWAHATI -781006 10:NERISA SULTANA DAUGHTER OF PERMANENT RESIDENT OF VILLAGE DOLAITULA P.O. - SANIADI P.S. - HAJO PIN - 781102 DISTRICT - KAMRUP ASSAM. PRESENTLY RESIDING AT DURGA SARUBAR NAMGHAR PATH P.O. AND P.S. BHARALUMUKH GUWAHATI - 781009 DISTRICT - KAMRUP (M) ASSA Page No.# 3/4 Advocate for the Petitioner : MR. M K SARMA, MR G DAS,B KRISHNA,MRS. M. BARUAH BHUYAN Advocate for the Respondent : GA, ASSAM, MR. J HATIMURIA (R-10),MR. M KALITA (R- 10),MR. N M DAS (R-10),SC, AG,SC, FINANCE BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI ORDER Date : 26.08.2026 Heard Ms. M. Baruah Bhuyan, learned counsel appearing for the petitioner and Mr. M. Kalita, learned counsel appearing for the respondent No. 10. 2. By way of the present writ petition filed under Article 226 of the Constitution of India, petitioner No. 1, being the wife of Late Mofizuddin Ahmed, who died in harness on 21.09.2025, claims compassionate family pension and other consequential pensionary benefits arising out of the death of her husband. It is stated that two children were born out of their wedlock. However, respondent No. 10, claiming to be the first wife of the deceased, raised a competing claim to the said pensionary benefits, as a result of which the respondent authorities withheld the release of the pensionary benefits in favour of the petitioner. Aggrieved thereby, the present writ petition has been instituted. 3. On 26.03.2026, this Court considered it appropriate to refer the dispute involved in the present writ petition to the Gauhati High Court Mediation Centre. Pursuant thereto, the parties appeared before the learned Mediator and, during the course of mediation, amicably resolved their dispute by entering into a settlement agreement. The mediation report dated 26.06.2026, along with the settlement agreement duly signed by the parties on the same date, has been placed on record. 4. Having heard the learned counsel appearing for the parties and upon perusal of the memorandum of settlement arrived at in the mediation proceedings, it is Page No.# 4/4 apparent that the parties have amicably settled the dispute between them. The relevant portion of the mediation report reads as follows: “Sir, With due honour I would like to state that I was appointed as Mediator by your order dated 21/04/2026. Accordingly, mediation took place and the parties have agreed to resolve their dispute amicably. The parties have signed the Mediation Settlement Agreement which has been enclosed herewith. This is for your kind information and necessary action.” 5. In view of the settlement arrived at between the parties, nothing further survives for adjudication in the present writ petition. 6. Accordingly, the writ petition stands disposed of in terms of the mediation report and the settlement agreement arrived at between the parties. The mediation report dated 26.06.2026 and the settlement agreement signed by the parties on the same date shall form part of this order. JUDGE Comparing Assistant