1 wp5838.09 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.5838 OF 2009 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and the Registrar's orders. Court's or Judge's orders Coram: Smt. Nishita Mhatre, & Shri M. T. Joshi, JJ. Date : 27st June, 2011 Shri Vijay Dixit, Senior Advocate, instructed by Shri E.G. Irale, Advocate, for the petitioner. Shri S.K. Kadam, A.G.P. for Respondent Nos. 1 to 5. ------ 1. The petition has been filed by a person who claims to be a Freedom Fighter. He contends that he is entitled to be paid pension as a Freedom Fighter as stipulated in the Govt. Resolution dated 16.7.1984. 2. The petitioner contends that Respondent No.6 has fraudulently secured payment of the Freedom 2 wp5838.09 Fighter's pension which, in fact, was payable to the petitioner. According to him, because of the similarity in the names of the petitioner and Respondent No.6, the other respondents have directed that the pension should be paid to Respondent No.6. 3. It appears that the authorities have rejected the claim of the petitioner, because he was unable to establish that he was, in fact, Ambadas Narayanrao Kulkarni, residing at Plot No. 3, Shivaji Nagar, Parbhani, Taluka and District Parbhani. 4. It appears that an enquiry was conducted by the authorities and Respondent No. 6 established his claim that his name was Ambadas Narayanrao Kulkarni, which apparently had been wrongly recorded as "Ambadasrao Narayanrao Dhawandkar" in some revenue records. 3 wp5838.09 5. The petitioner claims that he has lost his documents in a flood and, therefore, was unable to establish his claim. 6. In our opinion, the writ petition is not maintainable as, unless the petitioner establishes his claim that he is, in fact, a Freedom Fighter who was entitled to the pension payable to Ambadas Narayanrao Kulkarni, it would not be possible for us in our writ jurisdiction to grant any relief to the petitioner. It is not possible for this court in the writ jurisdiction to decide the identity of a claimant for Freedom Fighter's pension, when there are rival claimants, having the same name. 7. Petition rejected. (M.T. JOSHI, J.) (NISHITA MHATRE, J.) pnd/wp5838.09