Patna High CourtCWJC/22585/2011disposed

Raj Narayan Sharma v. The Union Of India And ORS

2015-08-11Mr. Justice Samarendra Pratap Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.22585 of 2011 ====================================================== Raj Narayan Sharma S/O Late Mukteshwar Sharma R/O Village And Post Office - Harpur, Police Station - Shahkund, Distrcit - Bhagalpur .... .... Petitioner

Versus

1. The Union Of India Through The Secretary, Ministry Of Home Affairs (Ffr Division), Ist Floor, Lok Nayak Bhwan, Khan Market, New Delhi

2. The Deputy Secretary, Ministry Of Home Affairs (Freedom Fighter Division), Ist Floor, Lok Nayak Bhawan, Khan Market, New Delhi

3. The State Of Bihar Through The Secretary, Department Of Home (Special), Govt. Of Bihar, Patna

4. The Deputy Secretary, Department Of Home (Special), Govt. Of Bihar, Patna

5. The District Magistrate, Bhagalpur .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Md. Najmul Hodda, Advocate For the Respondent/s : Mr. Nivedita Nirvikar, GA 10 and Mr. M.Dhari Singh, AC to GA 10 Mr. R.K.Verma, CGC ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 11-08-2015 The petitioner seeks direction to the respondents for grant of freedom fighter pension applied on 27.1.1982 as he satisfies eligibility clause mentioned in the scheme for grant of freedom fighter pension. The petitioner states that he participated in freedom movement in the year 1942 to 1945 and was made accused in Special case GR NO. 96 of 1942 (Tr no. 06 of 1942) under section 143 of the IPC, 128 Railway Act and 35(A) DIR [King Imperor Vs. Shahdeo Gosain and others], and as such he absconded and remained underground from 15.8.1942 to 21.6.1945. He further submits that the two of the

Patna High Court CWJC No.22585 of 2011 (3) dt.11-08-2015 authorized freedom fighters namely Sri Bhola Gope and Chhote lal yadav have issued confirmation certificates supporting his claim of participation in the movement from 1942 to 1945. It appears that the State Government after examining petitioner's case, sent its recommendation to the Government of India, Ministry of Home Affairs, Freedom Fighters Section, Loknayak Bhawan, New Delhi .

The writ petition is disposed of with direction to the Union Government to take a final decision in the matter within three months from the date of receipt of this order with communication of a copy of the order to the petitioner as well, as he is about 103 years old as per suppl.affidavit. Let a copy of this order be handed over to the counsel appearing for the Union of India for its onward communication. (Samarendra Pratap Singh, J) Shashi.