ORDER :

Heard Sri O. Manohar Reddy, learned Senior Counsel (Amicus Curie); Smt. T.V. Sridevi, learned Counsel for the Writ Petitioner; Sri A. Sai Naveen, learned Counsel appearing on behalf of Sri Venkateswara Rao Gudapati, learned Counsel for the Respondent No.5 and Sri Y. Subba Rao, learned Assistant Government Pleader for Respondent Nos.1 to 4.

2. Prayer made in the Writ Petition is as under :

“….to issue a writ, order or direction more particularly one in the nature of Mandamus, declaring the condition in procedure (i) of G.O.Ms.No.145 Revenue (SER-II) dated 25.04.2015 – “provided that there is no written objection from any other member of the family” imposed by the 1st Respondent for issuance of Family Member Certificate by Tahsildar as illegal, arbitrary, discriminatory, ultra vires, without authority of law, unreasonable, unjust, without application of mind and violence of Article 14, and 21 of Constitution of India and against the Principles of Natural Justice and consequently struck down the condition “provided that there is no written objection from any other member of the family” in procedure (i) of G.O.Ms.No.145 Revenue (SER-II) dated 25.04.2015 and pass such other …”

FACTS OF THE CASE:

3. It is stated in the Affidavit filed in support of the Writ Petition that she is presently aged about 21 years; that on 06.12.2019, she was married to one Sri Kollu Bangaru Raju as per Hindu Vedic Rites by observing usual formalities of giving gifts to the husband and his family members; that Sri Kollu Bangaru Raju was in regular employment as Attender/Process Server in District and Sessions Court (Mahila Court), Visakhapatnam; that Sri Kollu Bangaru Raju, ‘while being treated in Gayatri Vidya Parishad Hospital, Visakhapatnam’ died on 21.05.2021 due to COVID i.e., in just 1 ½ year of marriage.

4. The widowed wife (the instant Writ Petitioner) submitted an Application dated 26.06.2021 to the Principal District Judge, Visakhapatnam seeking ‘Compassionate Appointment’ to appoint her in a suitable post; considering the Application of the Writ Petitioner, the District Judge, Visakhapatnam issued Official Memorandum dated 05.07.2021 and 22.09.2021 (Ex.P.11) to furnish: (a) Financial Status Certificate, (b) No Earning Certificate, (c) No Objection Certificate from all other family members of the deceased husband, and (e) Family Member Certificate.

5. It is further submitted that the Writ Petitioner made an Application before the Tahsildar-Respondent No.4 vide Application No.FAMC012102838201 dated 02.08.2021 (Ex.P.2); that the Respondent No.4 did not issue Family Member Certificate, and therefore, the Writ Petitioner made a Representation dated 06.08.2021 to the District Collector, Visakhapatnam District (Ex.P.2) to issue necessary directions to the Respondent No.4 as regards issuance of the Family Member Certificate; that on 12.11.2021, mother-in-law of the Writ Petitioner (Respondent No.5) submitted objection to the District Judge (Ex.P.5) stating that unless 75% of the death benefits of her deceased son is paid to her and unless the Writ Petitioner relinquishes her right on the single storied house and one acre of land, she (the mother-in-law – Respondent No.5) will not give “No Objection”; that, being caught-up in this unreasonable demand by the Respondent No.5, the Writ Petitioner has approached the District Legal Services Authority, Narsipatnam for conducting of mediation between her and her mother-in-law (Respondent No.5) by filing P.L.C.No.92 of 2021 dated 23.08.2021 (Ex.P.8) and in pursuance of the same, the Respondent No.4 submitted his Report dated 29.10.2021 (Ex.P.4) stating that due to the disputes between wife of the deceased and her mother-in-law as regards settlement of Government benefits and other properties, the mother-in-law is unwilling to give consent for issuance of Family Member Certificate; that the Writ Petitioner was constrained to approach the police as she was being harassed by the family members; and, that the Reven