IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2047 of 2008 Braj Kishore Sharma Son of Late Shree Surajdeo Sharma of Village-Harpur Mukund, P.S.-Mahua, District-Muzaffarpur at present Mohalla Anwarpur, Gandhi Ashram Road, Hajipur, P.S. Hajipur Town, P.O.- Hajipur, District-Vaishali Versus 1. The Union Of India, through Secretary, Home Department, Government of India, New Delhi. 2. The State of Bihar 3. Additional Secretary, Home Department, Government of India, New Delhi. ----------- For the Petitioner:- Shri Nandan Prasad Singh, Advocate. Mr. Ashok Kumar, Advocate. For the Union of India:- Mr. Sanjay Kumar Pandey, Advocate. For the State:- Mr. Kinkar Kumar A.C. to G.P.25. -------------------- 2. 23.06.2011 Heard learned counsel for the petitioner, learned counsel for the Union of India as well as learned counsel for the State. Learned counsel for the petitioner submits that though the case of the petitioner has been recommended by the State of Bihar for grant of Freedom Fighters Pension after following the due procedure as prescribed, still the Union of India is not acting upon the same with regard to grant of such pension. From the pleadings it appears that the preliminary objection taken by the Union of India is that in the records made available to them the case number and the date of its disposal has not been mentioned. Learned counsel for the petitioner submits that in view of the case being of the year 1942 and the records probably not being available, it is now almost impossible for him to make available any documentary evidence in support 2 of the genuineness or the details of the said case. This Court finds substance in such submission. In view of the same, this Court directs that respondent no. 3, shall look into the matter and verify from the records available from them as to whether, arising out of that same police case any other person has been granted Freedom Fighter’s Pension. If it transpires that the same is being done then they will verify from that case record whether the name of the petitioner finds place in the relevant documents. Let such exercise be completed within a period of four weeks positively from the date of production/receipt of a copy of this order upon the Secretary (respondent no. 1), who shall immediately transmit it to the concerned competent officer. Thereafter, if any order is to be passed the same should be done within two weeks thereafter. If a positive order is passed, the respondent State of Bihar and its authorities who are obliged to take necessary consequential action in the matter shall do so and ensure that the benefit of the order is made available to the petitioner within three weeks thereafter. With these observations and directions the writ petition stands disposed off. Anand Kr. ( Ahsanuddin Amanullah, J.)