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2001 Supreme(Kar) 809

H.N.TILHARI
Ibrahim Sab Nadaf – Appellant
Versus
State of Karnataka – Respondent


Advocates:
Advocate Appeared:
Mr. Vighneshwar S. Shastri, for the Appellant
Mr. Bharama Gowda, High Court Government Pleader, for the Respondent

ORDER

Hari Nath Tilhari, J.—By this writ petition, the Petitioner has sought for issuance of a writ of certiorari, order or direction quashing the order made by the Government of Karnataka (Respondent No. 1 herein) on 15.12.1998, in No. DPAR 581 PFS 98 vide Annexure-'E' to the writ petition, whereby Government of Karnataka appears to have cancelled the freedom fighters pension granted to the Petitioner on 22.10.1980.

2. The facts of the case in nutshell are:

That the Petitioner Sri Ibrahim Sab Budan Sab Nadaf, R/o. Settigeri village, aged 82 years was recognised as freedom fighter and was granted Freedom Fighter pension under Section 7 of the Karnataka Freedom Fighters Grant of Pension Scheme, 1969. The said freedom fighters' pension could not have been granted without the material being produced before the authorities in the form of either affidavit of the Jail Officer or the Certificate of co-prison as a freedom fighter. Every action of the Government for granting freedom fighters pension after having recognised the Petitioner to be a freedom fighter can well be presumed to have been done in accordance with the requirements of law and after having satisfied about the genuineness of





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