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Bhim Raj Singh & Ors vs The Union Of India & Ors on 18 July, 2013

Bench: Chief Justice, Ashwani Kumar Singh

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                     Letters Patent Appeal No.68 of 2013
                                                       In
                               Civil Writ Jurisdiction Case No. 10948 of 2008
                 ======================================================
                 1. Bhim Raj Singh
                 2. Jai Raj Singh
                 3. Amar Singh
                 4. Santan Sah
                 5. Babu Raj Singh
                 All sons of Tauzi Sah (Deceased Petitioner) resident of village -Kaura
                 Maidan, College Road, P.O. Munger, Police Station- Kotwali, District-
                 Munger.
                                                   .... .... Substituted Petitioners/Appellant
                                                    Versus
                 1. The Union of India through the Secretary Govt. of India, Ministry of
                 Home Affairs, North Block, New Delhi
                 2. The Secretary, Govt. of India Freedom Fighter Cell, Lok Nayak Bhawan,
                 New Delhi
                 3. The Director cum Deputy Secretary, Govt. of Bihar, Ministry of Home
                 Special, Patna
                 4. The Director, Freedom Fighter, Directorate, Home Special, Govt. of
                 Bihar, Patna
                 5. The District Magistrate, Munger
                                                             .... .... Respondents/Respondents
                 ======================================================
                 Appearance:
                 For the Appellants      :      Mrs. Rekha Prasad, Advocate.

                 For the Respondent Nos. 1-2: Mr. N.A. Shamsi, A.S.G.

                 For the Respondent Nos. 3-5: Mr. S.A. Alam, S.C.-3
                                              Mr. Fakhruddin Ali Ahmad, AC to SC -3
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                        and
                        HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH
                 ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

7   18-07-2013

This Appeal is preferred under Clause 10 of the Letters Patent arises from the order dated 11th October 2012 made by the learned single Judge in CWJC No. 10948 of 2008.

The appellants are the heirs and the legal representatives of one Tauzi Sah, the writ petitioner. The writ petitioner approached this Court under Article 226 of the 2 Patna High Court LPA No.68 of 2013 (7) dt.18-07-2013 2/2 Constitution to claim freedom fighters' pension under the Freedom Fighters' Pension Scheme introduced by the Government of India in 1971. The claim had been rejected by the Government of India as early as on 27th February 1991 for want of necessary proof. The challenge to the said order under Article 226 of the Constitution in above CWJC No. 10948 of 2008 has failed. Therefore, this Appeal.

Learned advocate Mrs. Rekha Prasad has appeared for the appellants. She has submitted that the writ petitioner had participated in the Quit India Movement in 1942 and that he was a proclaimed offender.

The submission is not supported by the necessary documents. In absence of any documentary evidence, the application made by the writ petitioner was rightly rejected. Further, although his application was rejected as early as in 1991, the writ petitioner approached this Court as late as in 2008, more than 15 years after the date of cause of action. Such stale claim cannot be entertained under Article 226 of the Constitution.

For the aforesaid reason, the Appeal is dismissed in limine.

(R.M. Doshit, CJ) (Ashwani Kumar Singh, J) Sujit/-