IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD.

****tttt**

CIVIL MISC. STAY OF 2024

APPLICATION NO.
(Under Section 151 C.P.C.)
ON BEHALF OF
Suman Singh Applicant.
IN
CIVIL MISC. WRIT PETITION NO.
OF 2024
(Under Article 226 of the Constitution of
India) Basti
DISTRICT -PRAYAGRAJ. /
Suman Singh W/o Late Bhim Singh
R/oH.No. 656/5/ 136, Alok
Nagar
Kalyanpur, Vikas Nagar, Lucknow.
Presently residing at G-3 Ashirwad Apartment,
Darbhanga Colony, Prayagraj.
Petitioner.
VERSUS
1. State ofU.P. through Secretary Principle U.P. at Lucknow.
2. Commissioner Poc
Read and Civil Supplies, Department U.P.
3
Regional Road' Controller,Basti Division Basti.
Respondents
PRAYER

It is, therefore, most respectfully prayed that this Hon ble Court may
graciously be pleased to direct the Respondent no.2 to decide the representation
dated 23.2.2024 earliest as possible in accordance with law, otherwise the petitioner
shallsuffer irreparable loss injury.
And/or pass such other and further order which this Hon'ble Court may
deem fit and proper under the circumstances of the case.

1. That this is first writ petition whereby petitioner prays for a writ of mandamus
commanding directing respondent no.2 to decide the petitioner

representation dated 23.2.2024 is respect to pension,provident fund and etc of

deceased husband namely Bhim Singh who died on 10.06.2023 from the post of
Marketing Inspector.
2. That the petitioner has not received any caveat application from any of the
respondentstilltoday.
Thet it is respectfully submitted here that the original documents produced by
3
the deponent if these are not readable or clear eligible then type copy may be

treated as part
of documents, so that justice be done.
petitioner's husband had joined the post of Marketing Inspector on
4 That the tenw
9.08.2G1i1 Disirit Mirzepusgnhas tompleted his serviced ti!! 21.06.015 at
 District Mirzapur then thereafter he has been transferred to Prayagraj District
teLe
on 22.06.2016 and has completed his serviee till 31.08.2017 at District
Prayagraj and thereafter he has been transferred to Fatehpur District on
01.09.2017 till 19.06.2021 he has been working in Fatehpur District.
5. That the petitioner has lastly joined at District Basti till the death i.e.
10.06.2023. He asahs served his duty in Baod and Civil Supplies, Department,
U.P. and ultimately he died on 10.06.2023 on a road accident. A true copy of
the death certificate is being filed herewith and marked as ANNEXURE NO. 1 to
this writ petition.
6. That the petitioner after the, death of deceased namely Late Bhim Singh h¡s
the coceedautiity, wtidaal
approached with a representationbedated23.02.2024 regarding with drawal of
pension, provident fund and etce released in favour of petitioner as being a
nominee and legal representative of deceased Late Bhim Singh. A true copy of
the representation dated 23.2.2024 made by the petitioner before Respondent
no.3 is being filed herewith and marked as ANNEXURE NO. 2 to this writ
petition. Foe
7. That the petitioner have made further enquiry in the office of Regional Ruad
Controller, Basti/ Respondent no.3 at regular interval of time but the concerned
authority has yet not given a fruitful result to the grievance of the petitioner.
8 That Respondent no.3 by letter no. 36 dated 2.4.2024 has asked Regional Read
Controller, Vindhyachal Division Mirzapur to submit the deceased non-payment,
certificate and also by letter no. 37 dated 02.04.2024 has asked Regjonal Reae
Controller, Prayagraj Division Prayagraj submit the deceased non- payment
certificate in regard to grant deceased various funds. A true copy of both the
letters dated 02.4.2024 issued by Respondent no. 3 is being filed herewith and
marked as ANNEXURE NO. 3to this writ petition.
9 That Respondent no.3 again by letter no. 1447 dated 22.8.2024 has asked non
payment certificate from Regional Read Controller, Vindhyachal Division
Mirzapur of the deceased but till today neither the Regional Raad Controller,
Vindhyachal Division Mirzapur has submitted thenon-payment certificate of the
deceased nor the grievance of the petitioner have been deçided., A true of
the letter no. 1447 dated 22.08.2024 issued by RFG, Basti Division Basti is
being filed herewith and marked as ANNEXURE NO, 4to this writ petition.
10. That Respondent no.3 again by letter no. 1448 dated 22.08.2024 has asked
report of non-payment certificate of deceased from RFC, Prayagraj Division
Prayagraj but neither the non pay certificate have been submitted nor the
grievance of the petitioner has been decided. A true copy of the letter no. 1448
dated 22.08.2024 is beingfiled herewith and marked as ANNEXURE NO, 5 to
this writ petition. xemucig
i1. That Respondent no.3 is regularly asking the eoncerned Divisional Departments
osubinit tht deceas=i:n0.-)2ynt certificate but neither the depart:tr.Tr
 has deeded
.ne Respondent no.3 ie-deeiding-the representation dated 23.2.2024 made by
the petitioner but the concerned authorities are shifting there burdens to one
and another and in this regard the petitioner is facing difficulty and
approaching the concerned authorities door to door and as such this Hon'ble
Court may graciously be pleased to direct Respondent no.2 to decide the
representation dated 23.2.2024 made by the petitioner in accordance with law

as expeditiously as early as possible within stipulated period of time, otherwise

the petitioner shall suffer ireparable loss and injury a h
12. That after the death of the deceased the petitioner has two ependents who live
alongwith the petitioner and since the petitioner is a house wife and no any
graciously be
other source of income and as such this Hon'ble Court may
23.2.2024 as earliest as
pleased to consider and decide the representation dated
Respondent no.2 within
possible which is pending for consideration before
irreparable loss
stipulated period of time, otherwise the petitioner shall suffer
and injury.
petitioner's representation until
13. That the Respondent no.2 would not decide the
decide the matter within
this Hon'ble Court may direct respondent no.2 to
stipulated time.
stated above, it is, in the interest of
14. That in view of the facts and circumstances
to direct the
justice that this Hon'ble Court may graciously be pleased
23.2.2024 earliest as
Respondent no.2 to decide the representation dated
the petitioner shall suffer
possible in accordance with law, otherwise
irreparable loss and injury.
to approach before
15. That the petitioner has no other alternative remedy exXcept
Constitution of India, inter alia on
this Hon'ble Court under Article 226 of the
the following grounds.
GROUNDS

I. BECAUSE,
PRAYER
that this Honble Court may
It is, therefore, most respectfully prayed
graciously be pleased to:
of mandamus directing the
A. Issue a writ order or direction in the nature
23.2.2024 earliest as
Respondent no.2 to decide the representation dated
period of
possible which is pending before Respondent no.2 within stipulated
time.
this Hon'ble Court may deem fit
B. Issue any other writ, order or direction which
case.
in the facts and circumstances of the
C. Award cost of the Writ petition.