Gauhati High Court

WP(C)/6532/2025 of MUSTT SHAHIDA BEGUM AND 2 ORS. Vs THE STATE OF ASSAM AND 9 ORS. on 25 August 2026

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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-

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

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

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

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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 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.

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