Damu Punjaji Shejul vs The State Of Maharashtra And ...
2022 Latest Caselaw 4716 Bom

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                                                                        6570.19WP+

               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          BENCH AT AURANGABAD

                         909 WRIT PETITION NO.6570 OF 2019
                                       WITH
                          WRIT PETITION NO.6577 OF 2019

                              DAMU PUNJAJI SHEJUL
                                      VERSUS
                   THE STATE OF MAHARASHTRA AND OTHERS
                                           ...
                   Advocate for the petitioner : Mr.B.P.Gonare h/f.
                                  Mr.V.S.Panpatte
                     Addl.GP for Respondent-State : Mr.P.S.Patil
                                          ...

                                 CORAM : RAVINDRA V. GHUGE &
                                         S.G.DIGE, JJ.

DATE : 04.05.2022

P.C. :

1. By judgment dated 3rd March, 2022, we had

directed in paragraphs 42 and 43 as under :-

42. In view of the above, even on the merits of the case, we find that a fictitious claim has been put forth by the petitioner. As such, this petition is dismissed.

43. In view of the above, we deem it appropriate to direct the District Collector,

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Jalna to prepare a compilation of the affidavits issued by the freedom fighters namely Shekaji Kondiba Patil, Khanderao Ganpatrao Khalse, Motilal Laxmichan Sharma, Kishor Tambe, Nivrutti Dadarao Raut, Pundlik Salunke and Lala Jaiswal for the perusal of the Court and shall submit a report through the learned Registrar (Judicial) of this Court, on or before 30/04/2022. The said report shall be placed before us on 04/05/2022.

2. The Resident Deputy Collector, Jalna, has

placed before us a report dated 25.04.2022 presented

through the learned Registrar (Judicial) of this Court,

indicating that the freedom fighter, namely, Shekaji

Kondiba Shejul (Patil) had issued 18 affidavits in favour of

different claimants for freedom fighter's pension. Shri

Khanderao Ganpatrao Khalse had issued 28 affidavits. Shri

Motilal Laxmichand Sharma had issued 25 affidavits and

Shri Nivrutti Dadarao Raut had issued 19 affidavits.

3. A cursory glance at the text of the affidavits

indicates that these freedom fighters, who have issued such

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affidavits, have practically narrated identical stories in their

affidavits. Some of the affidavits are quite cryptic indicating

that the claimants lived away from their home. Such

affidavits normally should not have been the basis of

granting the claims of freedom fighters. We have

extensively dealt with fraud being played on the State

Government while extracting freedom fighters benefits from

the State, vide our judgment dated 3rd March, 2022.

4. Stand over to 6th June, 2022.

[S.G.DIGE, J.] [RAVINDRA V. GHUGE, J.]

DDC