Bombay High Court
Parvatibai Digambarrao ... vs The State Of Maharashtra And ... on 15 December, 2022
Bench: Mangesh S. Patil, Y. G. Khobragade
(1) 940 wp 10483.14
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO.10483 OF 2014
Smt. Parvatibai w/o. Digambarrao Deshpande,
Age: 95 years, Occu: Nil,
R/o. Shrivenkatadri 21, Kalpataru Housing
Society, Garkheda, Aurangabad. .. Petitioner
Versus
1. The State of Maharashtra,
Through its Secretary,
Ministry of Home Affairs,
Mantralaya, Mumbai - 32.
2. Freedom Fighter High Power Committee,
Mantralaya, Mumbai.
3. The District Freedom Fighers
Gaurav Samiti, Through its Chairman,
Collector, Collector Office,
Aurangabad. .. Respondents
...
Mr. Yashodeep P. Deshmukh i/b. Anand Kawre, Advocate for the Petitioner/
Mr. A.R. Kale, Learned AGP for the respondent-State.
...
CORAM : MANGESH S. PATIL &
Y.G. KHOBRAGADE, JJ.
DATE : 15-12-2022
ORAL JUDGMENT :-
Heard the learned advocate for the petitioner and the learned
AGP. Rule. The Rule is made returnable forthwith. With the consent of both
the sides the matter is heard finally at the stage of admission.
(2) 940 wp 10483.14
2. The petitioner is claiming the benefit of Government Resolution
dated 04.07.1995 claiming herself to be a Freedom Fighter.
3. By the impugned communication she has been informed that
because of several compliances to be made as were indicated therein her claim
could not be forwarded to the Government.
4. Clause-4 of the Government Resolution dated 04.07.1995 only
requires the committe at the District level to make recommendation to the
Government by extending an opportunity to the incumbent to comply with
and cure the defects, if any. Conspicously, there is no stipulation about any
power being vested either in the Collector or the Committee concerned to
withhold the recommendation, positive or negative. In spite of the fact that
the matter is pending with the office of the respondent-Collector since 1997,
no such steps have been taken to forward the opinion of the Committee to the
Government, so that the Government with which the power vests could take
any decision.
5. We dispose of the writ petition by directing respondents to
immediatley forward the opinion of the Committee to the State Government
in terms of Government Resolution dated 04.07.1995, whereupon the
(3) 940 wp 10483.14
Government may take appropriate decision in accordance with its policty at
the earliest. The proposal shall be forwarded by the Collector within two
weeks. However, we grant liberty to the petitioner to approach the Collector
and place on record whatever documents she intends to submit in compliance
with the directions in the impugned communication. Even if she fails to do
so, the Collector shall forward the proposal of the Committee to the State
Government and the State Government shall take decision within four weeks
on receipt of the proposal.
6. We have not expressed anything on the mertis of the petitioner's
claim. Rule is made absolute in above terms.
[Y.G. KHOBRAGADE, J.] [MANGESH S. PATIL, J.]
mub
