STATE OF KARNATAKA Vs. CHANDRABHAGA BAI

JUDGEMENT

(1.) THIS appeal is filed assailing the order of the learned Single Judge disposing of the Writ Petiti@n filed by the first respondent herein in relation to sanction of Freedom Fighters Pension.

(2.) THE first respondent sought for sanction of Freedom Fighters Pension on the ground that her husband Ganapath Rao Rajole was a freedom fighter and he participated in Hyderabad Liberation movement and he was arrested along with one Yeshwant Rao saigaonkar in Case No. 253/1/1357 Fasli. She was informed by an endorsement dated 17. 10. 1998 that her application has been rejected as full documents have not been submitted. Challenging the same, the first respondent filed Writ Petition. The learned Single Judge disposed of the Writ Petition with a direction to the authorities to reconsider the matter taking into consideration the certificate and documents produced by the Writ Petitioner. Challenging the said order the State and its authorities have filed this writ appeal on flimsy grounds.

(3.) THE learned Single Judge rightly posed the question that whether husband of the Writ Petitioner participated in the freedom movement or not. The learned Single Judge took note of the FIR filed in the aforesaid case and the letter written by the Government to another freedom "fighter by name Yeshwant Rao Saigoankar on 27. 12. 1985 and the certificate issued by the said person stating that writ Petitioner's husband was a freedom fighter arid had suffered injuries along with him. On the basis of those documents the learned judge was of the view that the fact mentioned in the said letter of co-prisoner is sufficient material for the authorities and that they cannot insist for the certificate issued by a person nominated by the government in 1997. It was also felt that such a person may or may not be a participant in freedom movement and it may not be possible for him to issue such a certificate. We agree with the view taken by the learned Single Judge.