Public Awareness Forum v. The Union Of India And ORS

Patna High Court CWJC No.12661 of 2013 (4) dt.21-08-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12661 of 2013 ======================================================

1. Public Awareness Forum Through Secretary Represented By Mahendra Pratap S/O Late Santlal Singh R.O. Sudha Sadan, Jagat Narayan Road, Patna .... .... Petitioner/s

Versus

1. The Union Of India Through Ministry Of Home Affair Govt. Of Bihar

2. The Secretary Ministry Of Home Affair Govt. Of India

3. The State Of Bihar Through The Principal Secretary Home Department, Government Of Bihar

4. The Commissioner, Darbhanga Division, Darbhanga

5. The District Collector Madhubani, Madhubani Welfare

6. The Executive Magistrate Madhubani, District - Madhubani

7. The Block Development Officer Rajnagar Block, District - Madhubani

8. Md. Ayub Son Of Late Gadda Ali Residence Of Village Karahia Batha, P.S. Rajnagar, District - Madhubani

9. Bibi Satiya Khatoon Wife Of Md Ayub Resident Of Village Karahia Batha, P.S. Rajnagar, District - Madhubani .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ram Shankar Das, Advocate For the Respondent/s : Mr. JC to AAG 10 ======================================================

CORAM:

HONOURABLE MR.

JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 21-08-2015 This writ application has been placed before this Court in view of the order, dated 5.7.2013 passed by a Division Bench of this Court.

The petitioner claiming to be the Secretary of Public Awareness Forum seeks quashing of Freedom Fighter Pension granted by the Central Government to respondent Nos.8 and 9. It appears that one Abdul Quddus filed a complaint before the District Magistrate, Madhubani that Md. Ayub and Bibi Satiya

Patna High Court CWJC No.12661 of 2013 (4) dt.21-08-2015 Khatoon, respondent Nos. 8 and 9 respectively, had illegally got freedom fighter pension.

The District Magistrate on enquiry found the allegation of Abdul Quddus to be correct and as such he withheld the pension of both Md. Ayub and Bibi Satiya Khatoon and recommended for cancellation of freedom fighter pension granted to them. A counter affidavit has been filed on behalf of Respondent No.5.

It does not appear from the counter affidavit that any further action has been taken on the report of the District Magistrate against respondent Nos. 8 and 9.

Counsel for the State submits that the State Government is in seisin of the matter.

Having regard to the facts and circumstances of the case, this writ application is disposed of with an observation that the State Government would take appropriate decision in the matter after duly noticing respondent Nos.8 and 9.

(Samarendra Pratap Singh, J) KHAN/- U