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2026 DAILYLAW 909 (ALL)

UMMUL KHAIR FATIMA v. STATE OF U.P. AND 2 OTHERS

WRIA/5537/2026 · 2026-04-19

Dinesh Pathak

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 5537 of 2026 Court No. - 33 HON'BLE DINESH PATHAK, J. 1. Heard learned counsel for the petitioner, Sri Anurag Mishra, learned Advocate holding brief of Dr. Rajeshwar Tripathi, learned counsel for the respondent No. 2, Sri Saurabh, learned Standing Counsel representing State- respondents and perused the record on board. 2. This writ petition has been filed, inter alia, seeking the following reliefs: "(i) Issue a writ order or direction in the nature of mandamus commanding the respondent authorities i.e. respondent no.3 to decide the grievance/representation dated 04.03.2025 in accordance with law. (ii) Issue a writ order or direction in the nature of mandamus commanding the respondent's authorities to disburse the family pension to the petitioner in the interest of justice." 3. It has been submitted that the father of the petitioner was working as an Assistant Teacher (Tahtaniya) in Madarsa Ahsanul Madaris Qadeem, Nai Sadak, Kanpur, who died on 27.11.2020; however, till date, the present petitioner has not been paid family pension. 4. Sri Saurabh, learned Standing Counsel appearing for the State- respondents and learned counsel for the respondent No. 2 have contended that the grievance of the present petitioner can be more appropriately redressed by the District Minority Welfare Officer, Kanpur Nagar (respondent No. 3), and he has no objection, in case, a direction is issued for expeditious disposal of a fresh representation to be moved by the petitioners within such stipulated period as may be directed by this Court. 5. In this conspectus, as above, no useful purpose would be served by Versus Counsel for Petitioner(s) : Wahaj Ahmad Siddiqui Counsel for Respondent(s) : C.S.C., Rajeshwar Tripathi Ummul Khair Fatima .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) keeping this matter pending. Therefore, this Court deems it appropriate to finally dispose of the present writ petition, without making any observation on the merits of the case, with liberty to the petitioners to move a fresh representation before the District Minority Welfare Officer, Kanpur Nagar (respondent No. 3), to ventilate his grievance, as averred in the present writ petition, within a period of three weeks from today, along with a certified copy of this order and a self attested copy of the present writ petition, and, in turn, he shall consider and decide the same in accordance with law expeditiously, preferably, within a period of three months from the date of production of such representation. 6. With the aforesaid observation, present writ petition is disposed of. April 20, 2026 vinay WRIA No. 5537 of 2026 2 (Dinesh Pathak,J.) Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad