IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE THIRD DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 463 of 2009 Between: Tokala Raj Reddy, S/o. Buchi Ram Reddy, R/o. Dharma Sagar Village and Mandal, District Warangal-A.P.India. ..... PETITIONER AND 1 Union of India, Rep by its Deputy Secretary, Ministry of home Afairs (FF Division), Lok Nayak bhavan, New Delhi-3 2 The under Secretary to Government of India, Ministry of Home Affairs (FF Division) Lok Nayak bhavan, New Delhi. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to pass an order or direction more particularly one in the nature of Writ of Mandamus or any other appropriate writ or direction, holding that the impugned order issued by the Respondents in No.112/5647/97-FF (HC) dated 24-2-2007 is arbitrary, illegal, against the principles of natural justice and fair play and violative of the provisions of the Constitution of India and may be pleased to quash the order in No.112/5647/97-FF(HC) dated 21-2-2007 and to pass Counsel for the Petitioner:MR.M.A.BARI Counsel for the Respondent No.: MR.B.V.RAM NARESH KUMAR The Court made the following : HON’BLE SRI JUSTICE N.V. RAMANA W.P. No. 463 of 2009 Oral order: The petitioner claims that he is a Freedom Fighter and was sanctioned Samman Pension. That he was declared by the Central Government as a Camp In-charge of the Freedom Fighters of Warangal and Karimnagar, and was given the authority to issue certificates to Freedom Fighters falling in his camp area, based on his personal knowledge, who participated and suffered in the Hyderabad Liberation Movement. On the alleged ground that the petitioner has issued false certificate to one Smt. Kakkerla Pramaleela W/o. Swamy, certifying that she remained underground for more than six months after issuance of detention orders against her for participation in the Hyderabad Liberation Movement, respondent No.2, namely the Under Secretary to the Government, Ministry of Home Affairs, New Delhi, has issued the impugned order suspending the pension sanctioned to him vide PPO No. 4020/Pol/Central, dated 14.11.1974, with immediate effect. The petitioner states that even though he submitted his explanation to the show cause notice dated 20.03.2007, which preceded the impugned order, on 04.04.2007, which was acknowledged by the office of respondent No. 2 on 04.04.2007, yet respondent No.2 without considering the same, has passed the impugned order. Despite admitting the writ petition and ordering notice on 22.01.2009, the respondents despite receipt of the same, have not filed their counter. The learned counsel for the petitioner submits that the petitioner is aged about 89 years and that he is dependant only on the Samman Pension sanctioned by the Government, and as such, submitted that the matter requires urgent attention. However, having regard to the facts and circumstances of the case, both the learned Assistant Solicitor General for respondent Nos. 1 and 2 and the learned Assistant Government Pleader for Home for respondent No.3, agreed for disposal of the writ petition with the following directions: The respondents are directed to reconsider the case of the petitioner, taking into consideration the explanation, said to have been submitted by him to the show cause notice, which preceded the impugned notice, as noticed above, and pass appropriate orders afresh, within a period of four weeks from the date of receipt of a copy of this order. Accordingly, the writ petition is disposed of. No costs. ________________ N.V. RAMANA, J. Dated: 03rd March, 2009 KSR Note: Issue CC tomorrow. (B/o) KSR