Telangana High Court

WP/24865/2004 of Baddula Chinnamma, Vs The District Collector, on 30 December 2004

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COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR. JUSTICE N.V. RAMANA WRIT PETITION No. 24865 of 2004 Between: Baddula Chinnamma, W/o. Baddula Bachanna, Hindu, Mukarala (V),

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD

(Special Original Jurisdiction)

THURSDAY, THE THIRTIETH DAY OF DECEMBERTWO THOUSAND AND FOUR

PRESENT

THE HON'BLE MR. JUSTICE N.V. RAMANA

Between:

WRIT PETITION No. 24865 of 2004

Baddula Chinnamma, W/o. Baddula Bachanna, Hindu,Mukarala (V), Kalwakurthy (M), Mahabubnagar District.

AND

..... PETITIONER

1 The District Collector, Mahabubnagar District, Mahaboobnagar.2 The Revenue Divisional Officer, Mahabubnagar Division, Mahabubnagar District.3 The Mandal Revenue Officer, Kalwakurthy (M), Kalwakurthy,Mahabubnagar District.

.....RESPONDENTS

Petition under Article 226 of the constitution of India praying that in thecircumstances stated in the Affidavit filed herein the High Court will be pleased toissue writ or order direction more particularly one in the nature of writ of mandamusdeclaring the action of the 2nd respondent in not considering the representationdated 11-10-2000 of the petitioner for payment of exgratia under ApathbandhuScheme provided in G.O.Ms.NO. 644 Revenue Department, dated 0110-2001 isillegal, arbitrary and unconstitutional consequently direct the second respondent toconsider the representation dated 11-10-2000 of the petitioner for payment ofexgratia under Apathbandhu Scheme provided in G.O.Ms.No. 644 RevenueDepartment dated 1-10-2001.

Counsel for the Petitioner : Mr.K.V.SUBBA REDDYCounsel for Respondents : G.P. FOR REVENUE

The Court at the stage of admission made the following :

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ORDER:

Heard the learned counsel for petitioner and the learned Government Pleader for Revenue.

The petitioner stated to be owner of two acres of dry land in Survey No.282 of Mukarlavillage, Kalwakurthy mandal, Mahboobnagar district, and that her husband BaddulaBachanna had died on account of thunderbolt (Pidugu) while working in the said fields atabout 4.00p.m. on 23.5.2000. It is stated that on the complaint made by the VillageAdministrative Officer, Kalwakurthy, the Kalwakurthy Police have registered the case andissued F.I.R.No.45 of 2000 under Section 174 of Cr.P.C. The case of the petitioner is thatthe Government of A.P. framed an accident Insurance scheme for the benefit of peoplebelow poverty line known as “Apathbandhu Scheme” vide G.O.Ms.No.644 dated 1.10.2001.The petitioner alleges that death of her husband is covered under the said scheme andstated to have made a representation dated 11-10-2000 to the second and thirdrespondents for payment of exgratia. Since there was no response to her representationfrom the respondents for grant of exgratia, petitioner filed the present writ petition.

As can be seen from the above, petitioner’s husband was died on 23.5.2000 and to the saideffect, a crime has been registered on 24.5.2000 with Kalwakurthy P.S. and the petitionerstated to have been made representation as far back as on 11.10.2000 to the respondentsfor grant of exgratia, however, the petitioner has not properly explained the reasons as towhy she kept quite for all these days. Hence, the writ petition is dismissed on the ground oflatches. No costs.

Date: 30.12.2004

_____________

N.V.RAMANA, J

TVK/DA

To

1 The District Collector, Mahabubnagar District, Mahaboobnagar.

2 The Revenue Divisional Officer, Mahabubnagar Division, Mahabubnagar District.Mahabubnagar District.

3 The Mandal Revenue Officer, Kalwakurthy (M), Kalwakurthy,Mahabubnagar District. Kalwakurthy,Mahabubnagar District.

4 Two CCs to the G.P. for Revenue, High Court Buildings, Hyderabad (OUT).Hyderabad (OUT).

5 Two CD copies.

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