1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE WRIT PETITION NO.2428 OF 2008 Shivajirao Ramchandra Mane-Patil .... Petitioner Vs. The Government of India & Anr. .... Respondents Shri N.V. Bandiwadekar for the Petitioner. S/Shri Sachin B. Shetye a/w Ajay Patil for Respondent No.1-UoI. Shri V.S. Gokhale, AGP, for Respondent No.2. CORAM: D.D. SINHA AND A.A. SAYED, JJ. DATED: JANUARY 25, 2010 P.C: 1. Heard the learned counsel for the petitioner and the learned counsel for the respondent-Union of India. The writ petition is directed against the communication/order dated 16-5-2001 issued by the Union of India whereby the petitioner is informed about the cancellation of the freedom fighter's pension given to the petitioner. The learned counsel for the petitioner has informed the Court that 2 during the pendency of the petition, the petitioner has been expired. 2. The counsel for the Union of India has informed this Court that the petitioner was issued show cause notice dated 22-12-2000 pursuant to which reply was submitted by the petitioner wherein it was mentioned that the land which was confiscated was in the name of the petitioner. However, the word used in the reply was our . The learned counsel for the Union of India further contended that on verification of the record it was revealed that the land was only in the name of Shri Ramchandra Bumaji Mane-Patil, which was handed over to him in the year 1946. The petitioner was unable to prove that the land was in his name and, therefore, the Ministry vide the impugned communication dated 16-5-2001 cancelled the freedom fighter s pension given to the petitioner. 3. Be that as it may, since the petitioner has expired, we dispose of the petition with liberty to the legal representatives of the petitioner if they step into the shoes of the petitioner and are/is entitled to get the benefit of the freedom 3 fighter s pension under the scheme by over- coming the short-coming shown in the impugned oder, to take appropriate steps in accordance with law as well as the procedure applicable, if they so desire. With these observations, the writ petition is disposed of. (D.D. SINHA, J.) (A.A. SAYED, J.)