IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.13679 of 2008 Annpurna Devi, wife of Late Shri Kant Singh, village and PS Barhiya, district Lakhisarai – Petitioner. Vs. 1) The Union of India through the Addl. Secretary, Ministry of Home, Freedom Fighter Cell, Lok Nayak Bhawan, Khan Market, New Delhi. 2) The State of Bihar, 3) The Director cum Joint Secretary, Home Department (Special Branch), Bihar, Patna. 4) The Dist. Magistrate, Munger. 5) The Dist. Magistrate, Lakhisarai. 6) The Subdivisional Officer, Lakhisarai – Respondents. 3 19.9.2011 Heard learned counsel for the parties. The petitioner is the widow of Late Shri Kant Singh, who was a freedom fighter. She is receiving her allowances from the Central Government on account of being the widow of a freedom fighter. A grievance is made that the State Government is not paying special and medical allowances since 1.4.1987. A counter affidavit has been filed by the Deputy Collector, Incharge District, Munger in which it has been stated that the district Magistrate, Munger has addressed a letter to the District Magistrate, Lakhisarai vide letter no.746, dated 25.8.2009 in which it has been categorically stated that the petitioner has not received special and medical allowances since 31.3.1987. It is also highlighted that there is no order that the petitioner’s allowances have been withdrawn. It would, thus, be incumbent on the District Magistratte, Lakhisarai to examine the matter and pass appropriate order within three months from the date of 2 production of a copy of this order by the petitioner. The petitioner is directed to produce a copy of this order before the District Magistrate, Lakhisarai within one month. While considering the petitioner’s application, the District Magistrate, Lakhisarai is required to determine as to whether the petitioner was receiving the allowances from the Central Government. Once there is a finding that she had been receiving the allowances from the Central Government, I see no reason why she should be deprived of special and medical allowances unless there is some order by the State Government withdrawing those benefits. This writ petition stands disposed of in the aforesaid terms. haque ( Sheema Ali Khan, J.)