IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.1280 of 2009 LALA SINGH, S/o. late Suraj Nath Singh, r/o. Village- + P.O. Sahar Rampur, P.S. Naubatpur, District- Patna presently residing at Alkapuri Chak damaria, P.O. Anisabad, P.S. Gardanibagh, Town + District- Patna. -------- Appellant. Versus 1. The Union Of India, through its Secretary, Ministry of Home Affairs, (Fredom Fighter Section) New Delhi. 2. The Under Secretary, Ministry of Home Affairs (Freedom Fighter Section) Government of India , Lok Nayak Bhawan, New Delhi. 3. The Secretary, Home (Special) Department, Government of Bihar, Patna. 4. The Director-cum-Deputy Secretary, Home (Special) Department, Government of Bihar, Patna. 5. The Collector-cum-District Magistrate, Patna. 6. The Sub-divisional Officer, Danapur, Patna. 7. The Deputy Collector, Land Reforms, Danapur, Patna. ------- Respondents. For the Appellant: Mr. P.N. Shahi, Advocate. For Union of India: Mr. Binay Kumar Pandey, For Govt. of Bihar: Mr. Raj Kamal, A.C. to S.C.-20) ---------- 04. 25.03.2010 Heard learned counsel for the appellant and learned counsel for the State in respect of I.A. No. 6373 of 2009 filed under Section 5 of the Limitation Act. For the reasons mentioned in that I.A. the delay of 205 days in preferring this appeal is condoned and the I.A. stands allowed. On merits we find that learned writ Court has considered the relevant facts which show that the appellant was not dependent upon his wife who died in the year 1983 while she was in receipt of a freedom fighter’s pension. The materials on record shows that the appellant 2 worked as a teacher for considerable period after 1983 and therefore the authorities could not have certified that he did not have any independent means of livelihood. In such a situation he can not be entitled to Freedom Fighter Pension. In view of the aforesaid facts, it is not possible to interfere with the order of the writ Court. This appeal is therefore dismissed. Mkr. (Shiva Kirti Singh, J.) (C.M. Prasad, J.)