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Bombay High CourtWP/10055/2015disposed offdismissed for default

Neelawati Dashrath Sagare v. The Union Of India And Others

2016-05-03Hon'Ble Shri Justice A.V. Nirgude,Hon'Ble Shri Justice V.L. Achliya2 pages

( 1 ) wp10055.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 10055 OF 2015 Neelawati Dashrath Sagare ..

Petitioner

Versus

The Union of India & Ors.

..

Respondents Mr.A.N. Nagargoje, Advocate for the petitioner. Ms.Dipali Ansingkar, Advocate for R-1.

Mr.P.S. Patil, A.G.P. for respondent Nos. 2 to 4. Mr.P.B. Paithankar, Advocate for R-5.

CORAM : A.V.NIRGUDE & V.L. ACHLIYA,JJ.

DATED :

03.05.2016 P.C. :- 1.

Heard. Perused the petition. The petitioner who is aged about 85 years is otherwise entitled to disbursement of Freedom Fighters' Family Pension. The only difficulty in her case appears to be her failure to submit an affidavit to the bank. This affidavit is required to be sworn before the District Magistrate as per the instructions issued by the concerned department of Union of India.

2.

In the circumstances, we direct the District Magistrate, Beed to allow the petitioner to visit him on some date between 9th May, 2016 to 13th May, 2016, during

( 2 ) wp10055.15 office hours for making an affidavit, which needs to be verified and sworn before the District Magistrate and also bear seal of the District Magistrate. We also direct the bank to accept such affidavit and start disbursing family pension with arrears as soon as possible, within the period of two weeks of making such compliance.

3.

In view of difficulties faced by persons like petitioner to verify and sworn the affidavit before the high ranking official like District Magistrate, we suggest the Union of India to relax the condition of submitting affidavit duly verified by the District Magistrate himself.

4.

Presence of bank officer is noted and dispensed with.

5.

The writ petition is accordingly disposed of in above terms.

[V.L. ACHLIYA,J.] [A.V.NIRGUDE,J.] /2016/ 16/ snk MAY wp10055.15