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Neutral Citation No. - 2025:AHC:39412-DB Court No. - 29 Case :- WRIT - C No. - 38564 of 2023 Petitioner :- Basant Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Arvind Kumar Pandey Counsel for Respondent :- CSC Hon'ble Ashwani Kumar Mishra,J. Hon'ble Donadi Ramesh,J.
1. Petitioner wants this Court to issue a mandamus to the authorities to issue a certificate to him as being dependant of freedom fighter.
2. In para 3 of the writ petition it is stated that petitioner is a grandson of one Jaswant Singh son of Madho Singh, who has undergone incarceration of nine months from 18.03.1943. No document in support of incarceration of petitioner's grandfather has been placed on record. It is otherwise apparent that petitioner's father was employed as Inspector in Delhi Polic and he also retired after attaining the age of superannuation. Petitioner's father also died on 03.11.2015. The mother of petitioner is receiving family pension. It is after expiry of more than 78 years that the petitioner wants this Court to issue a direction upon the respondents to confirm him the title of dependent of freedom fighter.
3. In the opinion of the Court, those who fought for the country did it as a service to the nation and it was never their intent to receive any benefit under the scheme. Though the State and Central Government have come out with various schemes for the benefit of freedom fighter/dependent of freedom fighter for their contribution or struggle in freedom of nation but we would be reluctant to examine such claim after expiry of more than 78 years of freedom of the nation. Except for the bald allegations made in the writ petition, there is no material to show that petitioner's grandfather had in fact undergone incarceration. At this late stage, we are not inclined to exercise our extraordinary jurisdiction under Article 226 of the Constitution of India to conduct probe and hold the petitioner to be a dependent of the freedom fighter.
4. Writ petition is, accordingly, dismissed. Order Date :- 19.3.2025 Ashok Kr. Digitally signed by :- ASHOK KUMAR High Court of Judicature at Allahabad