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2025 DAILYLAW 50647 (KAR)

SMT GANGAVVA W/O BASANGOUDA TOTAD v. THE UNION OF INDIA

WP/104430/2023 · 2025-06-24

Pradeep Singh Yerur

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:7998 WP No. 104430 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 24TH DAY OF JUNE 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 104430 OF 2023 (GM-FF) BETWEEN: SMT. GANGAVVA W/O. BASANGOUDA TOTAD, AGED ABOUT 93 YEARS, OCC: HOUSEHOLD WORK, R/O. SHIRUR, TQ: NAVALGUND, DIST: DHARWAD, C/O. PRAKASH MAVINKOPP, AT AND POST. VEERAPUR-591118, TQ: KITTUR, DIST: BELAGAVI. …PETITIONER (BY SRI. SHEKHARAGOUDA M. NAGANURI, ADVOCATE) AND: 1. THE UNION OF INDIA, THE SECRETARY MINISTRY OF HOME AFFAIRS, F F CELL LOKANAYAK BHAVAN, KHAN MARKET, NEW DELHI-110003. 2. THE STATE OF KARNATAKA, REPRESENTED BY ITS CHIEF SECRETARY, VIDHANA SOUDHA, BANGALORE-560001. 3. THE BRANCH MANAGER, CANARA BANK, STATION ROAD, MALMADDI, DHARWAD-580007, TQ: AND DIST: DHARWAD. 4. GENERAL MANAGER, CANARA BANK, 112, J.C. ROAD, HO BENGALURU-560002. 5. CHIEF CENTRAL PENSION ACCOUNTING OFFICE, DEPARTMENT OF MINISTRY OF FINANCE, VIJAYALAKSHMI M KANKUPPI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:7998 WP No. 104430 of 2023 TRIKOOT-II, BHIKAJ CAMA PLACE, RAMKRISHNAPURAM, NEW DELHI-110066. …RESPONDENTS (BY SRI. MALLIKARJUN C. HUKKERI, ADVOCATE FOR R1 & R5; SRI. S.V. MAGADUM, AGA FOR R2; SRI. RAKESH M. BILKI, ADVOCATE FOR R3 & R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT IN THE NATURE OF MANDAMUS OR APPROPRIATE DIRECTION OR ORDER DIRECTING THE RESPONDENT NO.3 HEREIN TO CONSIDER THE REPRESENTATION OF PETITIONER HEREIN AT ANNEXURE-B DATED 09.02.2023, ANNEXURE-D DATED 03.04.2023 AND RESPONDENT NO.1 TO 5 HEREIN TO CONSIDER THE REPRESENTATIONS OF THE PETITIONER HEREIN AT ANNEXURE-C DATED 20.03.2023 AND ALSO ISSUE DIRECTION TO RESPONDENTS TO PAY CENTRAL PENSION TO PETITIONER HEREIN FROM OCTOBER 2021 WITHIN A REASONABLE PERIOD AND ETC. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR) 1. Heard learned counsel for the petitioner, learned AGA for respondent No.2-State, learned counsel Sri.Mallikarjun Hukkeri for respondent Nos.1 and 5 and the learned counsel Sri.Rakesh M. Bilki for respondent Nos.3 and 4. 2. It is the case of the petitioner that she is the wife of late Basangouda Totad, who was a freedom fighter - 3 - HC-KAR NC: 2025:KHC-D:7998 WP No. 104430 of 2023 and was getting swathantra sainik sanman pension. After the death of her husband Basangouda Totad on 27.05.1997, she was receiving the pension till September 2021. It is submitted that from October 2021 the Central Government has stopped the payment of pension without any reason. Hence the petitioner approached the respondent No.3-Bank requesting to credit her central pension but the Bank is postponing the same. She again wrote a letter to the respondent Nos.3 and 4 and also to the respondent No.5 stating that her pension has been stopped from October 2021, though she has submitted her life certificate and stated that she is only receiving the State Pension. She submits that she is an old lady and it is difficult for her to bear her day-to-day expenses. Despite giving several representations, no action is taken by the respondents. Left with no other alternative, the petitioner is before this Court seeking for a direction to the respondent No.3 to consider the representations submitted by her. - 4 - HC-KAR NC: 2025:KHC-D:7998 WP No. 104430 of 2023 3. Learned counsels representing the respondents submit that the representations so made by the petitioner would be considered if reasonable time is granted. Under the circumstances, I pass the following: ORDER i. Petition is allowed. ii. Writ of mandamus is issued to the respondents to consider the representations dated 09.02.2023 vide Annexure-B, 03.04.2023 vide Annexure-D, 20.03.2023 vide Annexure-C leniently in view of the fact that the petitioner has already approached the Bank and given her life certificate and release the pension which is due to the petitioner. iii. The said exercise shall be carried out within a period of two weeks from the date of receipt of copy of the order, in accordance with law, along with allowances, interest and benefit. - 5 - HC-KAR NC: 2025:KHC-D:7998 WP No. 104430 of 2023 iv. If the Bank or the authority wants to be satisfied of the fact whether petitioner is alive, they shall send an official to the residence of petitioner for objective satisfaction and affirmation, as the petitioner is aged 93 years. Sd/- (PRADEEP SINGH YERUR) JUDGE KGK /CT-MCK List No.: 1 Sl No.: 89