SUMITRABEN Vs. COLLECTOR, KHEDA

JUDGEMENT

(1.) HEARD Mr. N.M. Kapadia, learned advocate for the petitioners and Mr. Vishal Patel, learned Assistant Government Pleader for the respondents.

(2.) BY way of this petition under Article 226 of the Constitution of India, the original petitioner ­ Sumitraben Thakar has prayed for an appropriate writ, order or direction directing the respondent authorities to decide the application originally filed by Madhubhai Thakar ­ her husband for grant of Freedom Fighters' Pension. It may be noted that during pendency of the petition, the original petitioner ­ Sumitraben expired and therefore, her two sons have been brought on record as legal heirs and representatives.

(3.) CONSIDERING the prayers prayed for as such, the application which was originally preferred by late Madhubhai Thakar dated 7.2.1991 is already rejected by the State Government as is evident from the letter written by the State Government dated 23.11.1991. It further appears that thereafter late Madhubhai Thakar again wrote a letter to Hon'ble the then Chief Minister and even that correspondence was examined by the State Government and by a letter written by the Deputy Secretary to the State of Gujarat in General Administration Department dated 7.3.1996, the said application also came to be rejected. It further appears that time and again, Madhubhai Thakar has approached Hon'ble the then Chief Minister from time to time right upto the year 1999. It further appears that lastly out of sad demise of Madhubhai Thakar on 17.2.2004, Sumitraben approached the State Government by an application dated 1.7.2004. The affidavits filed in this petition indicate that the said application was processed and certain information were called for from the District Collector, Kheda. However, Mr. Vishal Patel, the learned AGP, on instructions, submitted that the said application is not finally decided.