Dismissed

Devakka W/O Basappa Makannavar v. the State of Karnataka

Karnataka HC10 Nov 2021WP/103939/2021

Case brief

AI extract

What is this about?

The High Court rejected a writ petition filed by a petitioner seeking to quash a 1998 order rejecting her late husband's Freedom Fighter pension. The court dismissed the petition on the ground of excessive delay and laches as it was filed 23 years after the impugned order.

What did the court decide?

The writ petition was dismissed on the grounds of delay and laches.

Devakka W/O Basappa Makannavar Vs the… — Pension and Retirement Benefits | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

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DATED THIS THE 10^TH DAY OF NOVEMBER, 2021

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BEFORE

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THE HON’BLE MR.JUSTICE SURAJ GOVINDARAJ

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WRIT PETITION No.103939/2021 (GM-FF)

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BETWEEN:

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SMT.DEVAKKA W/O BASAPPA MAKANNAVAR, AGE:80 YEARS, OCC:HOUSEHOLD WORK, R/O YAMMETTI, TQ:KALAGATAGI, DISTRICT:DHARWAD-581 204. …PETITIONER

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(BY SHRI.H.M.DHARIGOND AND SMT.SANGEETHA K.KALLIMANI, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA. REPRESENTED BY UNDER SECRETARY, DEPARTMENT OF D.P.A.R. (POLITICAL PENSION), M.S.BUILDING, BENGALURU-560001.

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THE DEPUTY COMMISSIONER, DHARWAD DISTRICT, DHARWAD-580001. ..RESPONDENTS

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(BY SHRI.V.S.KALASURMATH, HCGP)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI TO QUASH THE IMPUGNED ENDORSEMENT No.DPAR/214/PFS/96(BHA) BENGALURU DATED 05.10.1998 PASSED BY THE 1^ST RESPONDENT VIDE ANNEXURE-B AND ETC.,

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THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The petitioner is before this Court seeking for the following reliefs:

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A] A writ in the nature of certiorari to quash the impugned order No. DPAR/214/PFS/96[BHA] BENGALURU dated 5-10-1998 passed by the 1st respondent vide ANNEXURE-B,

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B] A writ in the nature of mandamus direct the respondents to grant Freedom Fighters family pension including the arrears to the petitioner from the date of cancellation i.e. 5-10-1998 vide ANNEXURE-B,

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C] Any other writ or direction from this Hon'ble Court Deems fit under the circumstances of acts of the case, in the interest of justice and equity.

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A certiorari which has been sought for is as regards the rejection of the Freedom Fighter’s Pension claimed by the husband of the petitioner which had been rejected on 05.10.1998.

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Shri H.M.Dharigond, learned counsel for the petitioner submits that the husband of the petitioner expired in the year 2000 and the petitioner was not aware of the proceedings. As such, the present petition is filed.

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Admittedly, the husband of the petitioner had not challenged the order dated 05.10.1998. Be that as it may. The present petition has been filed 23 years after the order dated 05.10.1998 has been passed. Hence, the petition is barred by delay and laches. As such, the petition is dismissed on the ground of delay and laches.

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[Sd/-] JUDGE

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Jm/-

Devakka W/O Basappa Makannavar v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Devakka W/O Basappa Makannavar v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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