KRISHNA NAND RAI Vs. STATE OF U. P.

JUDGEMENT

(1.) The instant petition has been filed challenging the order dated 24.6.2020, passed by District Magistrate, Gorakhpur (respondent no. 2 herein), whereby the petitioner's certificate of being a dependent of freedom fighter dated 6.9.2001 has been cancelled. The order records that the petitioner is great grandson of late Ram Chandra Rai, who was a freedom fighter. The benefit of being dependent of freedom fighter is available only to descendants upto the stage of grandson and not beyond it, i.e. a great grandson or descendants lower in line would not come within the definition of 'dependent of freedom fighter'.

(2.) The sole contention of learned counsel for the petitioner is that the impugned order has been passed without any notice or opportunity of hearing to the petitioner.

(3.) On query made by the Court as to how the petitioner would come within the definition of 'dependent of freedom fighter', Sri Syed Wajid Ali, learned counsel for the petitioner very fairly admitted that the petitioner would be beyond the sweep of the definition of dependent of freedom fighter as defined in Government Orders issued in this regard. He only reiterated his contention that since the impugned order has been passed without notice to the petitioner, therefore it is illegal.