HARPRASAD MISHRA Vs. STATE OF M P

JUDGEMENT

(1.) THIS is an appeal against order dated 9-10-2006 passed by learned Single judge in W. P. No. 14203/2006.

(2.) THE facts briefly are that the appellant claiming himself to be a freedom fighter made an application to the respondents for adding his name in the list of freedom fighters and for payment of "samman Nidhi" under the provisions of Madhya Pradesh Swatantrata Sangram Sainik Samman Nidhi niyam, 1972. By the order dated 23-6-1998, the State Government rejected the application holding that there was no document available to establish that he was a freedom fighter and, therefore, he was not entitled for "samman Nidhi". Thereafter the appellant filed W. P. No. 14203/2006 for a direction to the respondents to decide the case of the appellant and add his name in the list of freedom fighters list, the writ petition was dismissed by the impugned order summarily on the ground that the appellant filed the writ petition after lapse of 8 years of the rejection of his application by order dated 23-6-1998 of the State government.

(3.) IN our considered opinion, the learned Single Judge has failed to appreciate that the real grievance of the appellant is non-inclusion of this name in the list of freedom fighters for payment of "samman Nidhi" and so long as his name is not included in the list of freedom fighters for payment of "samman nidhi" he suffers a continuous wrong and his cause of action continued. It is true that by order dated 23-6-1998 the State Government has rejected the application of the appellant for such inclusion of his name on the list of freedom fighters but such rejection is only on the ground that no document was available to establish his case. Subsequently, it appears that the appellant filed a fresh application alongwith document and the Collector has called for some information alongwith affidavit vide letter dated 24-2-2004.