IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9050 of 2011 SATNI DEVI, D/O LATE BALDEO PANDIT, W/O SRI PUNIT PANDIT, R/O VILLAGE-LAGMA, P.S. CHAUTHAM DISTRICT KHAGARIA. ...........PETITIONER. Versus 1.THE UNION OF INDIA THROUGH THE SECRETARY, HOME DEPARTMENT, GOVT. OF INDIA, NEW DELHI. 2.THE DIRECTOR CUM DEPUTY SECRETARY, GOVT. OF INDIA, MINISTRY OF HOME AFFARIS, FREEDOM FIGHTORS DIVISION, NEW DELHI. 3.THE ADDITIONAL SECRETARY, GOVT. OF INDIA, KHAN MARKET, NEW DELHI. 4.THE CHIEF ACCOUNTANT CONTROLLER (PENSION AND MISCELLANEOUS)MINISTRY OF HOME AFFAIRS, JAMNAGAR HOUSE, NEW DELHI. 5.THE STATE OF BIHAR THROUGH DIRECTOR CUM DEPUTY SECRETARY, GOVT. OF BIHAR, HOME SPECIAL DEPARTMENT, PATNA. 6.THE DISTRICT MAGISTRATE CUM COLLECTOR, KHAGARIA. 7.SMT. SIYA DEVI, W/O LATE RAMDEO PANDIT, R/O VILLAGE RUPANI (KARUA) P.O AND P.S. CHAUTHAM, DISTRICT KHAGARIA. 8.KAILASH PANDIT, S/O LATE RAMDEO PANDIT AND SIYA DEVI, R/O VILLAGE RUPANI (KARUA)P.O + P.S CHAUTHAM, DISTRICT KHAGARIA. ...........RESPONDENTS. ----------- 02/ 20.05.2011 In this writ application, the prayer of the petitioner reads as follows:- 'For issuance of writ/writs in the nature of mandamus commanding the respondents to immediately stopped the Swatantra Sainik Samman Pension of respondent no. 7 namely Smt. Siya Devi and also recover the family pension amount w.e.f. 21.11.88, the State government has paid the Swatantra Sainik Samman Pension but the respondent no. 7 is not the legal heirs of the pensioner. Thus the petitioner file this writ application for take action for recovery of Freedom 2 Swatantra Sainik Samman Pension, which is illegally been obtain by the Respondent no. 7. For commanding the Respondents to forth with hold an enquiry as to why the Swatantra Sainik Samman Pension of the respondent no. 7 has not been stopped as yet. For commanding the Respondents no. 1 to 6 to pass an order for grant of Swatantra Sainik Samman Pension to the petitioner, who is only legal heir of late Baldeo Pandit. As would appear from perusal of the writ application followed by submission of Mr. Kamla Prasad Rai, learned counsel for the petitioner that the grievance of the petitioner is that respondent no. 7 despite not being eligible for grant of Freedom Fighters Pension has been allowed to get such pension on a misrepresentation that she was the wife of the Freedom Fighter, late Baldeo Pandit. In this regard, Mr. Rai has placed reliance on an order of the Collector of Khagaria district dated 11.03.2000, wherein, the payment of monthly pension under Freedom Fighter Scheme to respondent no. 7 had been stopped by recording that she was an imposter and in fact seems to have no claim for receiving the amount of family pension under the Freedom Fighter Scheme 3 also relied on the observation made by the Collector in his aforesaid letter stating that it was the petitioner who being the only daughter of late Baldeo Prasad, the freedom fighter, was entitled to receive such amount of family pension. The grievance of the petitioner in fact as has been highlighted by his counsel is that such order of the Collector dated 11.03.2000, was reviewed by his successor vide an order dated 30.08.2004 without giving any reasons and as such the order commenced payment of pension to the respondent no. 7 is wholly unjustified. In the considered opinion of this Court, the scheme of Freedom Fighter Pension which also contemplates payment of family pension to the widow of the Freedom Fighter should be examined by the Home Secretary of the State of Bihar in view of aforesaid two conflicting orders passed by the two different Collectors of Khagaria district. This Court would therefore, give liberty to the petitioner to file a self contained representation to the Home Commissioner, who after obtaining the 4 the same by a speaking and reasoned order and if such an order would be adversely affecting the interest of respondent no. 7, he will give an opportunity of hearing to the respondent no. 7 before passing of his order. This exercise however must be completed within a period of six months from the date of receipt/production of a copy of this order. With the aforementioned observations and direction, this application is disposed of. Ranjan (Mihir Kumar Jha,J)