- 1 - NC: 2025:KHC-D:1680 WP No. 107617 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 28TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 107617 OF 2024 (GM-FF) BETWEEN: SMT. SHAILAJA W/O. LATE SHANKAR KATTIMANI, AGE. 69 YEARS, OCC. NILL, R/O. C/O. RAVIKIRAN S. KATTIMANI KUWS AND D BOARD, KGF WATER WORK COLONY, ROBERTSON PETH, KOLAR GOLD FIELDS, DIST. KOLAR. …PETITIONER (BY SRI. RAVIRAJ C. PATIL, AND SRI. S.J. JOSHI, ADVOCATES) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY TO THE D.P.A.R. (POLITICAL PENSION), VIDHAN SOUDHA, BANGALURU, PIN- 560001. 2. THE DEPUTY COMMISSIONER, BELGAVI DISTRICT, BELGAVI, PIN- 590001. …RESPONDENTS (BY SRI. SHARAD V. MAGADUM, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA IS PRAYING TO, ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT OR SUITABLE ORDER TO THE RESPONDENT NO. 1 AND 2 DIRECTING THEM TO GRANT THE FREEDOM FIGHTERS PENSION TO THE PETITIONER IN THE INTEREST OF JUSTICE. ISSUE A WRIT OF MADNAMUS AND Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:1680 WP No. 107617 of 2024 DIRECT THE RESPONDENTS TO CONSIDER AND TAKE ACTION ON THE REPRESENTATION MADE BY THE PETITIONER MARKED AT ANNEXURE-F DATED. 25/02/2022. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) The petitioner is before this Court seeking a direction by issuance of writ in the nature of mandamus directing grant of freedom fighter’s pension to the petitioner being the widow of a freedom fighter. 2. One Late Shankar Kattimani is said to be a freedom fighter. On his death, the family pension to the widow of the freedom fighter was granted to one Smt. Seetha. The petitioner then submits a representation to the State, that Smt. Seetha is not the wife of the freedom fighter, but the petitioner. Owing to the representation, the pension that was granted to Smt. Seetha comes to be stopped. The stoppage drove Smt. Seetha to this Court in - 3 - NC: 2025:KHC-D:1680 WP No. 107617 of 2024 W.P.No.66015/2010 which comes to be disposed on 17.09.2023 by the following order: “According to the petitioner, the finding of the Deputy Commissioner is factually incorrect. On the other hand, she is the 1st wife of deceased freedom fighter. If that is so, as observed in the impugned order, petitioner is entitled to approach the Civil Court and to establish that she is the 1st wife of deceased freedom fighter. If a decree is produced, then the respondent Deputy Commissioner to review the impugned order Annexure-C.” The Coordinate Bench observed that the petitioner should approach the civil Court and establish that she is the first wife of the deceased freedom fighter only then the pension can be restored. The order is passed on 17.09.2013. 3. The learned AGA, on verification of the records, submits that Smt. Seetha, who was directed to secure an order from the hands of the civil Court has not approached the civil Court till date. The situation is now either Smt. Seetha nor the petitioner is getting the family pension of the deceased freedom fighter owing to the dispute as to who is the wife. - 4 - NC: 2025:KHC-D:1680 WP No. 107617 of 2024 4. In the light of, the order passed by the Coordinate Bench, I deem it appropriate to direct the State to consider the case of the petitioner for grant of family pension in light of no decree produced by Smt. Seetha that she is the first wife, of the freedom fighter. 5. In the event any decree is produced and is available in the file of the respondent, the decision of the Coordinate Bench would prevail, failing which, the representations of the petitioner would merit consideration within eight weeks from the date of receipt of copy of this order. All other contentions left open. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE NAA List No.: 1 Sl No.: 84